Proposed John Lewis Act Mandates Non-Discrimination in Foster Care, Restricts Religious Exemptions

The John Lewis Every Child Deserves a Family Act aims to overhaul how federally-funded child welfare services operate by banning discrimination based on religion, sex, or marital status in placing children. This means any organization receiving federal funds—a "covered entity"—could not turn away a prospective foster or adoptive parent simply because they are single, belong to a certain religion, or are in a same-sex relationship (since "sex" is defined to include sexual orientation and gender identity). The bill’s core purpose is to increase the pool of available homes and improve outcomes for the thousands of children in care, especially the estimated 30% who identify as LGBTQ.

Opening the Door to More Families

For the nearly 400,000 children in foster care, this bill could be a game-changer for finding stable homes. The legislation explicitly recognizes that same-sex couples are seven times more likely to foster and adopt and that single people completed 29% of adoptions in 2022. By removing discriminatory barriers (SEC. 3), the law effectively forces all agencies receiving federal dollars to consider these families. Think of a single professional or a married same-sex couple who has been told they don't meet an agency's criteria; this bill gives them a clear path to become certified parents and, crucially, a private right to sue in federal court if they are unlawfully denied.

Protecting Vulnerable Youth

Beyond recruitment, the Act focuses heavily on the safety and well-being of youth already in the system. It mandates that covered entities provide services and staff training that are "language appropriate, gender appropriate, and culturally sensitive" to the complex social identities of children (SEC. 3). This is a direct response to the finding that LGBTQ youth face higher rates of abuse and worse mental health outcomes while in care. The bill also defines and bans "conversion therapy," ensuring that federally-funded services cannot subject a child to this harmful practice. To monitor progress, the Secretary of Health and Human Services must start collecting nationwide data on the sexual orientation and gender identity of children and parents in the system, filling a critical gap in understanding who is being served and how (SEC. 3).

The Federal Mandate and the RFRA Conflict

This is where the rubber meets the road for implementation. Agencies must comply with these new non-discrimination rules within a year of enactment or six months after the Secretary publishes guidance, whichever comes first. For states or agencies that fail to comply, the Secretary is authorized to withhold federal payments under Title IV-B and E of the Social Security Act—the funding streams that keep state foster care systems running (SEC. 3). This centralized enforcement power is significant. Perhaps the most contentious part of the bill is the explicit statement that the Religious Freedom Restoration Act (RFRA) of 1993 cannot be used as a defense or basis for challenging the application of this Act (SEC. 3). This means that faith-based organizations currently operating under federal contracts who object to placing children with same-sex couples, for instance, cannot use religious liberty as a justification for non-compliance. These organizations will face a tough choice: comply with the new rules or risk losing all federal funding and potentially exit the child welfare system entirely.