It was these states’ refusals that motivated Kelly to introduce legislation (H.R. 1881), which he first did in 2014. “Faith-based organizations have long played a heroic role in caring for our country’s most vulnerable kids,” wrote Kelly in a statement to CP. “There is no good reason why any of these care providers should be disqualified from working with their government to serve America’s families simply because of their deeply-rooted religious beliefs. When it comes to helping kids and making families stronger, all service providers — religious or otherwise — should have a seat at the table.”
But David Stacy, government affairs director of nationwide LGBTQ-rights group the Human Rights Campaign, says there is good reason to deny funding to religious organizations that discriminate. He says religious organizations can also negatively impact the lives of LGBTQ youth in their foster-care systems.
“They could subject kids to conversion therapy, and the federal government would have no recourse,” says Stacy, noting that Kelly’s bill would provide religious organizations with federal protections that would override local conversion-therapy bans, like Pittsburgh’s. “And many states have passed LGBTQ protections. Normally when a bill is associated with funding a program, it doesn’t also try to undercut civil rights.”
Kelly rejects the assertion his bill would negatively impact potential LGBTQ parents and LGBTQ kids, calling it “100 percent inclusive and 100 percent child-focused.” His office said in an email to CP that the bill “does nothing to prevent any organization from working with any LGBT couple, nor does it compel any organization to stop serving LGBT families.”
But Stacy of the HRC doesn’t buy Kelly’s insistence that his bill is merely about protecting religious organizations. He notes that Catholic Charities, which tends to shun prospective LGBTQ parents, has a large presence in Pennsylvania. In fact, in many parts of Kelly’s own district, which stretches from Erie County south to Butler County, the only private, nonprofit adoption agencies are faith-based organizations, and many are Catholic Charities branches.
“If you have a same-sex couple that has an open heart and wants to take in a child, we need to allow that,” says Stacy. “The fact that we are trying to cut people out based on biased beliefs, we shouldn’t be doing that. It’s not like we are willy-nilly placing people. If there are LGBT people who are qualified, why throw up barriers? ... It is not supposed to be about the best interest of the provider, it is supposed to be about the best interest of the child.”
Stacy also notes that Kelly has an abhorrent LGBTQ record, which HRC tracks. In 2014, Kelly was inducted into HRC’s inaugural “Hall of Shame” for his anti-LGBTQ record. In 2014, Stacy wrote that Hall of Shame legislators “proactively work to undermine existing legal protections and promote anti-LGBTQ discrimination.”
“He has consistently scored a zero on our scorecard,” says Stacy. “He really has not demonstrated any support for his LGBTQ constituents.”
One of those constituents is Sabrina Schnur, who is part of the Butler branch of Parents, Families and Friends of Lesbians and Gays. She says Kelly has never met with the organization and he has a bad reputation in the Butler LGBTQ community. “Everyone in this community knows he is not a friend of the LGBT,” says Schnur.
Kelly’s bill has been introduced three times and has never even seen a committee vote. But Schnur says that this is more about sending an anti-LGBTQ message throughout Kelly’s district.
“For the people who are religious or the more bigoted, it is kind of like a dog whistle, to go ahead and discriminate,” says Schnur.
Additionally, Kelly’s assertion that the bill isn’t meant to affect LGBTQ individuals runs counter to statements from a group aligned with him, and which is looking to politicize the bill. Ryan Anderson, of the Heritage Foundation, a conservative think tank, wrote a statement supporting the Child Welfare Provider Inclusion Act.
It read, in part: “Shutting down agencies or disqualifying them from government programs because they believe kids deserve both a mom and a dad does nothing to help children in need. All it does is score a point for LGBT activists using children as pawns in their culture war. We need as many adoption and foster-care agencies working for kids as possible. But there is no need to force them to embrace LGBT orthodoxy.”
Furthermore, Schnur, who came out as a trans woman several years ago, says legislation like this is a step backward for places around the country like Butler, where acceptance of LGBTQ people is growing. She says Butler City Council will soon be voting on a non-discrimination ordinance, and many in her community have begun to embrace her. “I work in a steel mill,” says Schnur. “I work on the floor. Even they don’t care what I do. Even they are not that anti-LGBT.”
Another one of Kelly’s constituents in Erie also says the area is increasing its LGBTQ friendliness. Mike Mahler, of the LGBTQ newsite Erie Gay News, says Erie has had 25 years of successful Pride parades, and that an openly trans man is running for school board this year.
Mahler says Kelly and the Erie LGBTQ community have “no relationship,” but adds that it might be helpful for Kelly to meet with LGBTQ groups. He thinks this could give Kelly perspective on bills like the Child Welfare Inclusion Act, and even make him more moderate on LGBTQ issues.
But Mahler isn’t optimistic this will happen. “He hasn’t shown any signs of support,” says Mahler. “I am not exactly holding my breath.”
Schnur knows that in many parts of Kelly’s district, there is still a struggle for LGBTQ rights, made even harder by Kelly’s lack of support. But in the end, she worries about the kids who might not get parents due to potential restrictions if Kelly’s bill were to become law.
“This bill is just alienating a bunch of parents, not just LGBT, but even a couple that is unmarried,” says Schnur. “A child not loved is kind of the ultimate harm to a child. As long as they are going to be loved by people, then who cares who they are?”