HB 3859 bill covers Texas's child welfare services, which includes care networks for abused children, foster parenting, counseling, and adoption.
Not only could agencies turn away hopeful parents under the religious freedom provision, but they could require children in the foster care system to comply with their faith-based requirements, said Bryant.
Many conservative and biblical believers together with Rep. James Frank of Wichita Falls stand that homosexuality is just like fornication that is condemned by the bible and for the same reason it is a perversion in the sight of God. A vast array of things could be classified as a "sincerely held religious belief", they said.
Burke said proposed laws like HB 3859 show that Texas Republicans - who control both the state legislature and the governor's mansion - have "become more emboldened" since the election of President Trump.
For example, this bill would allow an agency responsible for caring for LGBTQ youth to refer that child to a provider of the abusive, discredited practice of so-called "conversion therapy", if that was consistent with the agency's religious beliefs, without the state being able to intervene, cancel the contract, or withdraw support in other ways.
The Texas House has passed a bill that would allow foster care and adoption agencies to refuse to place children with some prospective parents based on religious beliefs. Midnight Thursday is the deadline for the House to pass bills that originate in that chamber, meaning hundreds of pieces of legislation will all but die if not approved by then.
Those who oppose the bill say the law would allow agencies to discriminate against potential parents who are gay, single or belong to a religion deemed inappropriate by the placement agency.
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According to the Texas Department of Family and Protective Services across the state there are over 3,000 kids who are legally up for adoption.
It also provides protections for agencies who intend to enroll children in religious educational institutions, as well as those who decline to provide referrals for abortion or contraceptives.
Frank said his bill was created to draw as many participants as possible into adoption and foster care and said those who say the bill is discriminatory misunderstand it.
"Discrimination in the name of religion has no place in our laws or in our state, and it certainly should not be used to harm children", said Rebecca Robertson, legal and policy director for the American Civil Liberties Union of Texas. "This goes against the best interest of the child".
A final vote is set for later Wednesday in the House.
"If a 17-year-old who is sexually active wants birth control, the burden to prove that constitutional right is on the child", said Bryant.
The ACLU said HB 3859 is one of 17 bills filed in Texas legislature this session that "would allow government officials, private individuals and businesses to discriminate against LGBT people in virtually all aspects of their lives".