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14 States. 125,000 Kids. Religious Exemptions.
Fourteen states permit state-licensed child welfare agencies to refuse placements to LGBTQ families based on religious beliefs. More than 440,000 children are in U.S. foster care. Over 125,000 are waiting to be adopted.
14 states allow agencies to refuse LGBTQ families. 125,000 children waiting for adoption. LGBTQ youth are overrepresented in foster care. Religious exemption laws shrink the pool of qualified families for children who need them.
LGBTQ youth are disproportionately represented in foster care and more likely to be placed in non-affirming homes, which is associated with worse mental health outcomes. The exemptions do not protect children. They protect agencies from serving all families equally.
The Federal Push
The Trump administration pressured Oregon to end its LGBTQ-affirming foster care policy in 2026. Oregon refused. Vermont dropped its foster care LGBTQ affirmation requirement in February 2026 after a lawsuit.
Indiana’s HB 1316 and HB 1389 would expand religious exemptions further, allowing agencies to refuse LGBTQ youth placements based on the agency’s beliefs rather than the child’s welfare.
The first such law passed in North Dakota in 2003. They have since spread to Virginia, Michigan, Alabama, Kansas, Mississippi, Oklahoma, South Dakota, and Texas. The trend is expanding, not contracting.
What You Can Do
- Contact your state legislators and oppose any bill that grants religious exemptions to child placement agencies that discriminate against LGBTQ families.
- Contact your state legislators and oppose any bill that allows child welfare agencies to discriminate against qualified families.
- Support Every Child Deserves a Family and track legislation in your state.