Senator Kirsten Gillibrand (D-NY) and four House lawmakers – including out Rep. Angie Craig (D-MN) – just introduced a bill to implement anti-discrimination protections for LGBTQ+ foster youth and LGBTQ+ couples who want to adopt.

The John Lewis Every Child Deserves a Family Act (ECDFA) seeks to ban discrimination by any child welfare agency receiving federal funds. It would also ban foster caretakers from putting their young LGBTQ+ wards in so-called conversion therapy (which the bill describes as “a form of discrimination that harms LGBTQ people”).

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The bill also would create a National Resource Center on Safety, Well-Being, Placement Stability, and Permanency for LGBTQ Children and Youth Involved With Child Welfare Services The legislation also mandates more data collection about LGBTQ youth in foster care “to understand fully the extent and impact of discrimination and ensure accountability.”

LGBTQ+ youth, the bill explains, “are overrepresented in the foster care system by at least a factor of two, comprising at least 30% of children and youth in foster care. These numbers are higher for transgender and non-binary youth compared to their cisgender LGBQ counterparts.”

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It also said LGBTQ+ foster youth report poor treatment while in the system at double the frequency as non-LGBTQ+ youth. They are also more likely than LGBTQ+ youth who are not in the foster care system to experience harassment, discrimination, and violence. LGBTQ+ youth are also more likely to end up in group homes non-LGBTQ+ foster youth and were significantly more likely to attempt to take their own lives than LGBTQ+ youth who were never in foster care.

The bill also said that agencies that discriminate against LGBTQ+ people who want to house children “reduce the pool of qualified and available homes,” which is especially problematic when same-sex couples are a whopping seven times more likely to foster and adopt than non-LGBTQ+ couples.

“As an LGBTQ+ adoptive parent and a mother who had to fight in court to adopt my son, I have witnessed firsthand the widespread discrimination in our country’s adoption and foster care systems,” Craig, the first out lesbian mother elected to Congress, said in a statement.

“No state should allow discrimination against LGBTQ+ foster children or adoptive parents who can provide a safe and loving home,” Craig continued. I’m proud to help carry on the late John Lewis’ legacy through this critical legislation we crafted together to ensure that LGBTQ+ adoptive parents and children are treated with the respect and dignity they deserve.”

“Every child deserves a safe, loving household, and it is absolutely unacceptable that so many children are denied this access because of antiquated laws and deliberate discrimination against LGBTQ+ individuals,” Gillibrand said. “This legislation will ensure that taxpayer-funded adoption services and foster care providers cannot engage in discrimination against children or potential parents, solidifying protections for some of our most vulnerable children. I’m proud to introduce this legislation, and I will fight to get it passed.”

Currently, 15 states allow child welfare agencies to discriminate against LGBTQ+ kids and families based on religion (three of those states only allow it for those that do not receive state funding).

According to LGBTQ+ parenting site Mombian, this is the ninth time the bill has been introduced.

If this story affected you, just know you are not alone. The Trans Lifeline Hotline offers support to trans/nonbinary people struggling with mental health from 10 A.M. to 6 P.M. PST Monday-Friday. Call (877) 565-8860 to be connected to a trans/nonbinary peer operator and receive full anonymity and confidentiality. The Trevor Project Lifeline, for LGBTQ+ youth ages 24 and younger, can be reached at (866) 488-7386.

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