Category: US Senate

Source: United States Senator for New Jersey Bob Menendez

WASHINGTON, D.C. – U.S. Senator Bob Menendez (D-NJ) today applauded the Senate’s swift confirmation of Julien X. Neals to fill one of six longstanding vacancies on the U.S. District Court of New Jersey.  Neals’ judicial appointment was approved by the Senate by a vote of 66-33.

“Mr. Neals is an outstanding nominee who has devoted his entire career to the practice of law in his home state of New Jersey.  Throughout his three decades in the legal profession, he served in many diverse roles.  Every step of the way, he has impressed those around him with his integrity, sound judgment, and commitment to equal justice and fair administration of the law,” said Sen. Menendez during a speech Monday on the Senate floor in which he called on the Senate to confirm Neals.  “There is no doubt in my mind that Mr. Neals will be an asset to the U.S. District Court in New Jersey as it emerges from this pandemic and works to reduce its backlog of pending cases.  He was qualified to serve on the federal bench back in 2015, when President Obama first nominated him to the U.S. District Court in New Jersey. And he is even more qualified today.”

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New Jersey’s six district court vacancies are second only to California’s and have been declared a “judicial emergency.”  Six years of Republican obstructionism both in the Senate and White House have allowed those vacancies to go unfilled and the judicial emergency to fester. 

Julien Xavier Neals currently serves as County Counsel for Bergen County, New Jersey, a position he has held since January 2015. Previously, in 2014 and from 1992 to 2006, he worked as an attorney practicing general litigation in state and federal courts at Chansan, Leyner & Lamparello, P.C.  From 2006 until 2014, Neals worked for the City of Newark, serving as Business Administrator from 2010 to 2014, Corporation Counsel from 2008 until 2010, and Chief Judge of the Newark Municipal Court from 2006 to 2008.  Neals began his legal career as a law clerk to Judge Seymour Marguilies on the New Jersey Superior Court in Hudson County, from 1991 to 1992.  He received his J.D. from Emory University School of Law in 1991 and his B.A. from Morehouse College in 1982.

There are three other nominations pending for the U.S. District Court of New Jersey.  On March 30, President Biden nominated Neals and Magistrate Judge Zahid N. Quraishi.  A confirmation hearing for both nominees was held last month before the Senate Judiciary Committee.  If confirmed, Quraishi would become the country’s first Muslim American federal judge.  On April 29, President Biden nominated attorney Christine P. O’Hearn.  Attorney Karen M. Williams was nominated on May 12. 

Below are Sen. Menendez’s remarks as prepared for delivery:

M. President, it is with great urgency that I come to the floor to urge support for the confirmation of Julien Xavier Neals to the U.S. District Court in New Jersey.

 

The U.S. District of New Jersey is known as one of the busiest courts in the entire country. As of last year, more than 46,000 cases were pending before it – many of them among the most complex and challenging cases in the nation. 

 

Yet multiple judicial vacancies on the court have led the Judicial Conference of the United States to declare a judicial emergency.

 

The court is short-staffed by a third, leaving each of our seated judges with a mind-boggling caseload of 2,700 pending cases.

 

That’s a caseload more than three times higher than the national average.

 

Fortunately, this week the Senate has an opportunity to begin alleviating this judicial emergency by confirming Julien Neals to the U.S. District Court in New Jersey.

 

Mr. Neals is an outstanding nominee who has devoted his entire career to the practice of law in his home state of New Jersey.

 

Throughout his three decades in the legal profession, he served in many diverse roles. Every step of the way, he has impressed those around him with his integrity, sound judgment, and commitment to equal justice and fair administration of the law. 

 

He clerked on the Superior Court of New Jersey; practiced civil rights, employment discrimination, and intellectual property law as an associate and partner at a Secaucus-based firm; served the City of Newark during our colleague Senator Booker’s time as mayor; and, since 2015, has worked as Counsel for Bergen County, the most populous county in New Jersey.

 

Senator Booker still speaks glowingly of Mr. Neals’ achievements during his time as Chief Judge of the Newark Municipal Court, how he improved the efficiency and the culture of the institution, created the first community court in the state of New Jersey, and in less than two years presided over more than 6,000 cases while supervising 11 full-time judges.

 

There is no doubt in my mind that Mr. Neals will be an asset to the U.S. District Court in New Jersey as it emerges from this pandemic and works to reduce its backlog of pending cases.

 

He was qualified to serve on the federal bench back in 2015, when President Obama first nominated him to the U.S. District Court in New Jersey. And he is even more qualified today.

 

Mr. Neals already commands enormous respect in our legal community—from serving on the Supreme Court of New Jersey’s Committee on Character and Fitness to serving as Chairman for Volunteer Lawyers for Justice—he personifies the meaning of public service. 

 

Mr. Neals’ tremendous breadth of experience, even temperament, and sound judgement make him a superb candidate to serve on the federal bench.

 

And clearly, our colleagues on the Judiciary Committee came to the same conclusion when they reported him out of committee by a large bipartisan margin.

 

New Jerseyans have waited far too long for the Senate to fill this vacancy and I urge my colleagues, on both sides of the aisle, to confirm Mr. Julien Neals without further delay.

 

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Source: United States Senator for New Jersey Bob Menendez

WASHINGTON, D.C. – U.S. Senator Bob Menendez (D-N.J.) today joined Sen. Tammy Duckworth (D-Ill.) and U.S. Senate Majority Whip Dick Durbin(D-Ill.) in introducing a resolution in the Senate establishing June as “National Gun Violence Awareness Month” and designating June 4, 2021 as “National Gun Violence Awareness Day.”

“The scourge of gun violence continues to claim the lives of innocent people in communities across America, but Republicans in Congress refuse to do anything about it beyond offering ‘thoughts and prayers,’” said Sen. Menendez. “I am proudly supporting this resolution because we must all recommit to honoring victims of gun violence by passing commonsense gun safety legislation that will help reduce gun violence and save lives.”

Last year was one of the deadliest years on record for the United States, with an estimated 19,300 individuals killed in gun homicides or non-suicide-related shootings, a 25 percent increase over 2019. The resolution urges citizens and community leaders to concentrate heightened attention on gun violence during the month of June, when gun violence typically spikes at the start of the summer months, and to work together to make our communities safer. Designating a day to bring attention to the issue of gun violence also honors the thousands of Americans who are victims of gun violence every year.

The resolution was also supported by Sens. Cory Booker (D-N.J.), Dianne Feinstein (D-Calif.), Amy Klobuchar (D-Minn.), Richard Blumenthal (D-Conn.), Chris Murphy (D-Conn.), Ed Markey (D-Mass.), Tom Carper (D-Del.), Chris Van Hollen (D-Md.), Tina Smith(D-Minn.), Bob Casey (D-Pa.) and Jeff Merkley (D-Ore.). U.S. Representative Robin Kelly (D-Ill.-02) has introduced a companion resolution in the House.

A copy of today’s resolution is available here.

 

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Source: United States Senator for Missouri Roy Blunt

WASHINGTON – Last week, U.S. Senator Roy Blunt (Mo.) helped introduce a bipartisan resolution condemning recent antisemitic incidents in the U.S. and around the world. The resolution also calls on leaders to denounce antisemitism and take specific steps to address it and prevent it.

“The recent rise in acts of hatred and violence against Jewish people, businesses, community centers, and places of worship in the U.S. and across the world is completely unacceptable,” said Blunt. “We all need to come together – public officials, religious leaders, and society as a whole – to show our support for people of the Jewish faith in Missouri, the U.S., and throughout the world. I’m proud to join more than 50 senators – Republicans and Democrats – in condemning the harassment, abuse, and violence we have seen spreading in our communities. I will always stand with the Jewish community, and I will always do my part to defeat antisemitism and all other forms of hatred.”

The resolution was led by U.S. Senators Jacky Rosen (Nev.) and James Lankford (Okla.).

Source: United States Senator for Missouri Roy Blunt

WASHINGTON – Today, U.S. Senators Roy Blunt (Mo.), James Lankford (Okla.), and Tim Scott (S.C.) released a letter they sent to U.S. Department of Education Secretary Miguel Cardona urging him to protect the First Amendment rights of faith-based student groups at public institutions of higher education.

The letter follows a recent court filing that indicates the Department of Education is considering regulatory action related to the Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities Final Rule, which ensures the equal treatment of faith-based student groups at public institutions of higher education. In the letter, the senators raise concerns that a misguided legal challenge and potential regulatory action related to the final rule could result in changes that would fail to protect the First Amendment rights of faith-based student groups on campus.

 “No student group should suffer loss of official recognition, use of institutional facilities, or access to student fee funds simply for being faith-based.  It would come at too high a cost for the First Amendment and for the communities that benefit from these groups’ acts of public service,” the senators wrote. “We ask the Department to recognize the importance, and the constitutional rights, of faith-based student groups at public institutions of higher education. Current law already protects religious student groups in high schools. Students deserve the opportunity to organize under both their faith and at their university or college.”

Faith-based student groups make a significant impact in the communities they serve and provide a space for students to worship, practice, and learn more about their faith. Unfortunately, over the past decade, there have been incidents in more than 30 states where faith-based student groups have lost access to school resources because of their religious beliefs.

Source: United States Senator for Missouri Roy Blunt

WASHINGTON – Today, U.S. Senator Roy Blunt (Mo.) announced that he is an original cosponsor of legislation to prevent the Internal Revenue Service (IRS) from being used as a political weapon against American citizens.

“People across Missouri are rightly concerned about the kind of government overreach and political targeting we’ve seen from the IRS in the past,” said Blunt. “I’m proud to join dozens of my colleagues in this effort to prevent any administration from using the IRS to target Americans for their political beliefs.”

From 2010 to 2012, the IRS under the Obama administration spent over two years systematically targeting conservative tax-exempt groups. The Trump administration released a final rule in May 2020 that prevented the IRS from targeting certain tax-exempt groups based on their political beliefs.

Senate Democrats’ S.1 – a partisan, 800+ page election bill – and House Democrats’ companion legislation – H.R. 1 – seek to repeal and undermine the Trump administration rule in order to weaponize the IRS to target nonprofit organizations based on the applicants’ political and policy positions.

The Don’t Weaponize the IRS Act codifies the Trump administration rule that protects groups regardless of their political ideology or beliefs and prevents the IRS from doxing donors to these groups.

Removing the requirement to report the names and addresses of donors helps protect taxpayers’ First Amendment rights: such information is not needed for tax administration purposes.

The bill is endorsed by the following groups: American Commitment, Americans for Prosperity, Americans for Tax Reform, Association of Mature American Citizens, Council for Citizens Against Government Waste, Club for Growth, Freedom Works, Heritage Action for America, Institute for Free Speech, National Taxpayers Union, and People United for Privacy.

The bill is led by U.S. Senators Mike Braun (Ind.) and Mitch McConnell (Ky.). In addition to Blunt, the legislation is cosponsored by U.S. Senators Mike Crapo (Idaho), Ted Cruz (Texas), Cindy Hyde-Smith (Miss.), Shelley Moore Capito (W.Va.), Mike Lee (Utah), Cynthia Lummis (Wyo.), Thom Tillis (N.C.), Ron Johnson (Wis.), Rand Paul (Ky.), Mike Rounds (S.D.), Marsha Blackburn (Tenn.), Richard Shelby (Ala.), John Cornyn (Texas), Roger Marshall (Kan.), Tommy Tuberville (Ala.), John Barrasso (Wyo.), Josh Hawley (Mo.), Steve Daines (Mont.), Richard Burr (N.C.), Bill Cassidy (La.), Rick Scott (Fla.), Jim Risch (Idaho), Pat Toomey (Pa.), Kevin Cramer (N.D.), Joni Ernst (Iowa), James Lankford (Okla.), Jerry Moran (Kan.), James Inhofe (Okla.), Roger Wicker (Miss.), John Thune (S.D.), Todd Young (Ind.), Chuck Grassley (Iowa), Ben Sasse (Neb.), Bill Hagerty (Tenn.), John Boozman (Ark.), Deb Fischer (Neb.), Marco Rubio (Fla.), Tom Cotton (Ark.), John Hoeven (N.D.), and John Kennedy (La.).

Source: United States Senator for Missouri Roy Blunt

WASHINGTON – U.S. Senator Roy Blunt (Mo.) released the following statement ahead of tomorrow’s 10-year anniversary of the 2011 Joplin tornado:

“When the tornado struck Joplin on May 22, 2011, there were first responders who rushed to provide aid, volunteers who worked tirelessly to help their neighbors, and friends and family who were there for one another as they mourned the loss of life and destruction. The people of Joplin showed the country the power of faith and community. They demonstrated the strength and resilience that make us proud to be Missourians. As we take time to remember the victims of this tragedy, I hope we will also reflect on the incredible job the Joplin community has done to recover, rebuild, and emerge from this crisis even stronger than they were before.”

Source: United States Senator for Missouri Roy Blunt

WASHINGTON – Yesterday, U.S. Senators Roy Blunt (Mo.) and Sherrod Brown (Ohio) introduced bipartisan legislation to require states to report data on all child abuse-related deaths and develop recommendations to prevent child abuse deaths from occurring in the first place.

The senators’ bill would provide policymakers and public health officials with a clearer picture of the number of child abuse fatalities and allow states to collect important information to better assess when and why child abuse fatalities occur.

“We need to do everything we can to keep children safe from abuse and neglect,” said Blunt. “Tragically, many experts fear that the number of child abuse-related deaths increased during the pandemic. Having a better understanding of the circumstances of every child abuse-related death will provide policymakers, law enforcement, and public health officials with important information to help prevent these awful crimes.”

“Right now, too many Ohio kids are slipping through the cracks. To prevent more of these tragic deaths, we must have complete and accurate data. It’s time to treat child abuse prevention as the public health issue that it is, and tailor our response to meet the needs of families in Ohio and around the country,” said Brown.

“Missouri KidsFirst is proud to support the Child Abuse Death Disclosure Act and thanks Senator Blunt for continuing to champion legislation to protect children,” said Jessica Seitz, Director of Public Policy, Missouri KidsFirst, the state’s chapter of Child Advocacy Centers. “Child abuse and neglect is a multi-factorial problem and child abuse and neglect fatalities are best addressed using multi-factorial solutions. This legislation is informed by best practices to prevent child maltreatment fatalities. By strengthening the national data on child maltreatment fatalities and implementing ongoing multi-disciplinary case reviews, the Child Abuse Death Disclosure Act complements and enhances work being done in Missouri to identify risk factors, assess systemic and community factors at or near the time of a child’s death, and develop policies to prevent fatalities from occurring.”

“Synergy Services is pleased to support Sen. Blunt and Sen. Brown’s continued efforts to advance the protection of children,” said Gwen O’Brien, Licensed Clinical Social Worker, Director of Advocacy and Prevention, Synergy Services. “Strengthening the national data on child maltreatment fatalities and implementing annual multidisciplinary reviews of this information are critical steps in informing best practices and policies to eliminate child maltreatment fatalities. It is our hope that legislation such as the Child Abuse Death Disclosure Act will support the initiatives already in place in Missouri to improve accurate identification and classifications, identify risk factors, assess systemic factors at or near the time of the child’s death, and develop prevention strategies to eliminate child maltreatment fatalities.”

In 2019, the National Child Abuse and Neglect Data System (NCANDS) estimated that approximately 1,840 children died from abuse and neglect. That’s up from the estimated 1,720 in 2017. The federal Commission to Eliminate Child Abuse and Neglect Fatalities indicated in its 2017 final report that NCANDS data does not fully capture the entire number of child abuse fatalities and recommended significant reforms, including improved data collection and interagency collaboration, increased funding to child welfare programs, and the development of a standard definition of “child maltreatment fatality.”

The Child Abuse Death Disclosure Act would:

Require states to develop a multidisciplinary team to annually examine the circumstances of all child abuse-related deaths and report case-specific information to the National Center for Fatality Review and Prevention. The taskforce would also be required to develop recommendations to prevent child abuse deaths and submit an annual report to state and federal officials to publish on a national public website.

Require HHS to consult with state and local officials, child welfare practitioners, pediatricians, public health officials, and law enforcement to develop a national standard definition related to child abuse deaths or child maltreatment fatalities.

Promote training on child maltreatment fatalities for child death review teams to address disparities in treatment by officials or outcomes in child maltreatment fatalities based on race or culture and encourage best practices. States may also fund training for pediatricians and medical providers.

Source: United States Senator for Oklahoma James Lankford

06.08.21

WASHINGTON, DC – Senator James Lankford (R-OK) today praised a letter from Oklahoma State Election Board Secretary Paul Ziriax regarding the dangers he sees posed by S. 1 and H.R. 1, the For the People Act, to Oklahoma’s free and fair election process. Lankford has worked for years to ensure elections are secure, reliable, and remain state run. In 2018, Lankford delivered a speech on the Senate floor on how, under Secretary Ziriax’s leadership, Oklahoma efficiently and effectively blocked Russia’s interference attempts on Oklahoma’s voting system.

“Secretary Ziriax is a trusted election security professional with national credibility in making sure voting in Oklahoma is easy, fair, and secure, so this warning about the Democrats’ S.1 and H.R. 1 should raise red flags for anyone interested in free and fair elections,” said Lankford. “Oklahoma’s election process is simple and straightforward with paper ballot backups to ensure we can audit and have confidence in our election results. Senate Democrats want to take elections away from our states to be run by Washington, DC, and make cheating, voter fraud, voter intimidation, and ballot harvesting easier to do. I strongly agree with Secretary Ziriax’s opposition to these bills, and I remain committed to opposing this DC power grab of our elections.”

In his letter to the Senators, Ziriax wrote, “As Oklahoma’s chief election official, I am writing to make you aware of my concerns regarding S.1, companion legislation of H.R.1, which was considered by the United States Senate Rules Committee on May 11, 2021. In short, S.1 is an unnecessary (and constitutionally dubious) federalization of election administration policy that would negatively impact our ability to administer fair and secure elections in Oklahoma. The administration of elections should be left to the States, as the Constitution and our federal form of government intends.”

Ziriax went on to write, “If S.1 is enacted, it will lead to less confidence in the veracity of our nation’s election process, not more. My recommendation is that Congress drop efforts to federalize election administration and instead focus on proposals that can receive bipartisan support – such as enhancing federal assistance to the States for election cybersecurity.”

You can find the text of Ziriax’s letter below and HERE.

Senators Inhofe and Lankford:

As Oklahoma’s chief election official, I am writing to make you aware of my concerns regarding S.1, companion legislation of H.R.1, which was considered by the United States Senate Rules Committee on May 11, 2021.

In short, S.1 is an unnecessary (and constitutionally dubious) federalization of election administration policy that would negatively impact our ability to administer fair and secure elections in Oklahoma. The administration of elections should be left to the States, as the Constitution and our federal form of government intends.

The justification for S.1 that I hear most often from its proponents is that it is necessary to counter new “voter suppression” laws in the States. But the concerns about these new election laws seem exaggerated, and in many cases appear to be based on misinformation about the content of those laws. Furthermore, regardless of what is happening in other States, there is no evidence of “voter suppression” here in our state.

S.1 seeks to supersede most of Oklahoma’s election administration and election integrity laws. For example, it legalizes absentee ballot harvesting and makes it virtually impossible to verify the identity of in-person and absentee voters – in direct contravention of Oklahoma’s election laws. S.1 also attempts to micromanage some of the most minute details of election administration, such as voting hours and polling place locations.

S.1 is not compatible with Oklahoma’s election deadlines. For example, Oklahoma law requires that elections must be certified one week after the date of the election. But S.1 disregards such deadlines by requiring absentee ballots to be accepted and counted 10 days after Election Day – three days after the state must certify the election results according to our own laws. This is unworkable.

Even setting aside concerns about the constitutionality of S.1, this legislation is not realistic in its timelines for implementing its election administration changes. By our estimation, implementing even a few of its major provisions could take years – yet S.1 demands that many new election administration policies and technologies be put in place in time for the 2022 elections. This is not only impossible, it also sets up election officials for failure and guarantees chaos in our elections.

Under the Constitution and our federal system of government, it is the responsibility of State Legislatures to determine the time, manner and place of elections. In my opinion, Congress should not attempt to implement a one-size-fits-all set of election rules for the States. Furthermore, S.l’s sponsors are trying to make it difficult for States and concerned citizens to challenge its constitutionality by requiring plaintiffs to go to Washington, DC, to file lawsuits against it. Even with this attempt to make legal challenges more difficult and expensive to file, it seems certain that the enactment of S.1 would lead to costly and lengthy litigation.

Finally, although my concerns with S.1 are too numerous to provide an exhaustive list in this letter, I can say its flaws do not seem possible to fix through the amendment process. If S.1 is enacted, it will lead to less confidence in the veracity of our nation’s election process, not more.

My recommendation is that Congress drop efforts to federalize election administration and instead focus on proposals that can receive bipartisan support – such as enhancing federal assistance to the States for election cybersecurity. If you or your staff would like to discuss this issue further, please feel free to contact me. Thank you.

Sincerely

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Source: United States Senator for Oklahoma James Lankford

06.08.21

WASHINGTON, DC – Senator James Lankford (R-OK) joined Senators Jim Inhofe (R-OK) and Steve Daines (R-MT) to lead a letter to Majority Leader Schumer and Minority Leader McConnell urging them to bring the Protecting Individuals with Down Syndrome Act to the Senate floor for a vote during the June work period. Lankford, Inhofe, and Daines were joined by Senators Roger Marshall (R-KS), Marsha Blackburn (R-TN), Kevin Cramer (R-ND), Marco Rubio (R-FL), Rick Scott (R-FL), Cindy Hyde-Smith (R-MS), Mike Braun (R-IN), John Boozman (R-AR), James Risch (R-ID), Roger Wicker (R-MS), John Thune (R-SD), Josh Hawley (R-MO), Tim Scott (R-SC), Bill Hagerty (R-TN), John Hoeven (R-ND), Joni Ernst (R-IA) and Mike Rounds (R-SD).

The Senators wrote: “All individuals have inherent value, regardless of their age, status, disability, race, sex or any other factor. Despite popular social narratives regarding the need to protect society’s weak and marginalized, unborn babies—the most vulnerable individuals in our society—are continually targeted through abortion.”

They continued: “…We must protect babies with Down syndrome from being targeted for lethal discrimination by abortion. Therefore, we strongly urge you to bring the Protecting Individuals with Down Syndrome Act to the Senate floor for a vote during the June work period.”

The full text of the letter can be found here and below.

Dear Majority Leader Schumer and Minority Leader McConnell,

As members committed to the protection of all life, we strongly urge you to bring S. 75, the Protecting Individuals with Down Syndrome Act, up for a vote during the June 2021 work period. This critical legislation would protect unborn babies from being targeted for abortion simply because they have or may have Down syndrome.

All individuals have inherent value, regardless of their age, status, disability, race, sex or any other factor. Despite popular social narratives regarding the need to protect society’s weak and marginalized, unborn babies—the most vulnerable individuals in our society—are continually targeted through abortion. Estimates show that over 62 million children have been aborted since Roe v. Wade—children whose lives held vast potential and worth. Furthermore, the discriminatory nature of abortion is often ignored.

Unborn babies with disabilities are at the forefront of this discrimination. In the United States, more than two in three babies diagnosed with Down syndrome are aborted. Reports show that the population of individuals in Iceland with Down syndrome is being virtually eradicated altogether before those children have a chance at life outside the womb. While all abortion is tragic, systematically targeting individuals with Down syndrome through abortion is eerily reminiscent of the eugenics movement. As Justice Thomas has noted, state laws preventing abortion on the basis of Down syndrome “promote a State’s compelling interest in preventing abortion from becoming a tool of modern-day eugenics.”

The Sixth Circuit Court of Appeals recently acknowledged the importance of the government’s interest in this issue as well when it upheld Ohio’s law banning abortion on the basis of a Down syndrome diagnosis. As Judge Batchelder stated in her opinion, Ohio’s law:

relies on its interests in: (1) protecting the Down syndrome community from the stigma it suffers from the practice of Down-syndrome selective abortions; (2) protecting women whose fetuses have Down syndrome from coercion by doctors who espouse and advocate the abortion of all such fetuses; and (3) protecting the integrity and ethics of the medical profession by preventing doctors from enabling such targeted abortions.

 We believe the Federal government has an interest in protecting this community as well. 

This effort has the overwhelming support of the American public. Earlier this year, a Knights of Columbus – Marist Poll found that 70 percent of Americans oppose aborting a child on the basis that the child will be born with Down syndrome. This includes over half of those who identify as pro-choice.

We must protect babies with Down syndrome from being targeted for lethal discrimination by abortion. Therefore, we strongly urge you to bring the Protecting Individuals with Down Syndrome Act to the Senate floor for a vote during the June work period. 

Sincerely,

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Source: United States Senator for New York Kirsten Gillibrand

June 08, 2021

Approximately 122,000 Children in Foster Care System Waiting for a Home, But Discriminatory Laws are Keeping Them From Caring Families Wanting to Foster or Adopt, Based on Sexual Orientation, Gender Identity, Marital Status and Religion; In New York State, More Than 3 In 4 LGBTQ+ Youth Ran Away Or Were Removed From Their Foster Homes

U.S. Senator Kirsten Gillibrand, alongside U.S. Representatives Danny Davis (D-IL-7), Jenniffer González-Colón (R-PR), Angie Craig (D-MN-2) and Sean Patrick Maloney (D-NY-18), is leading the bipartisan and bicameral John Lewis Every Child Deserves a Family Act. This bill would prohibit discrimination against prospective foster or adoptive parents, and children and youth in the foster care system on the basis of religion, marital status, gender identity, or sexual orientation, and would bar harmful practices, like conversion therapy. Additionally, the bill would improve services to LGBTQ+ and religious minority youth, and would establish a National Resource Center for LGBTQ+ youth in foster care within the Department of Health and Human Services’ Administration for Children and Families.  

“There are hundreds of thousands of children in foster care right now and they deserve the chance to be raised by loving and caring parents. Unfortunately, many families who are ready, willing, and waiting to bring these children into their homes have been blocked from doing so by organizations that discriminate against prospective foster and adoptive parents based on their sexual orientation, gender identity, marital status, or religion,” said Senator Gillibrand. “I am proud to be the Senate sponsor of the John Lewis Every Child Deserves a Family Act, and I will continue fighting for this important legislation that will create a system that supports the best interests of children, and foster and adoptive parents, and will ensure more access to loving, safe, and supportive environments for children in need.”

“Children in foster care are among the most vulnerable people in our society,” said Congressman Danny Davis (D-IL-7). “And government has a unique responsibility to ensure that each and every child in foster care finds a loving, affirming family. Not just the white ones. Not just the Christian ones. And not just the straight ones. The John Lewis Every Child Deserves a Family Act promotes the best interests of children by increasing the number of foster and adoptive homes available to all children in foster care and improving services to LGBTQ and religious-minority children. As one who grew up in the segregated south, I understand first-hand the profoundly detrimental effects of discrimination.  I am proud to join with my colleagues to champion this bill to protect foster youth and families from discrimination based on religion, sex, sexual orientation, gender identity and marital status.”

“Throughout my time as a public servant, I have tirelessly worked to shape a better and more just adoption policy that promotes the best interests of those who are affected the most, the children,” said Rep. Jenniffer González Colón (R-PR). “According to the latest data, almost 443,000 youth are in foster care in the U.S. of which 4,539 reside in Puerto Rico. This legislation would break another barrier in the adoption process by increasing the chances of these children to be placed into a loving and permanent home. I’m proud to join my colleagues in introducing this bill, and I thank Rep. Danny Davis for leading it as we rename this bill to honor the life of our late friend and colleague, Congressman John Lewis, who continues to inspire us to create a better and more inclusive America. As a champion for equal treatment Congressman Lewis was forward thinking and a role model to us all.”

“As an LGBTQ adoptive parent and a proud mother to four boys, I am painfully aware of the widespread discrimination that exists in the adoption and foster care system in this country,” said Rep. Angie Craig (D-MN-2). “No state should allow discrimination against LGBTQ foster children or adoptive parents who can provide a safe and loving home. I’m proud to help carry on John Lewis’ legacy by joining my colleagues in introducing legislation to ensure that LGBTQ adoptive parents and children are treated with the respect and dignity they deserve in our foster care system.”

“Family Equality thanks Congressman Danny Davis for his leadership and applauds this critical piece of legislation, which will change the lives of so many LGBTQ+ youth and families,” said Stacey Stevenson, CEO of Family Equality. “There are 400,000 youth in foster care and hundreds of loving families who want to open their homes to these young people but who are turned away. Discrimination against qualified prospective parents that deprives children of loving homes breaks the cardinal rule of child welfare:  that agencies must act in the best interests of the child. As the late Representative John Lewis said when he first championed the Every Child Deserves a Family Act, ‘This bill is the right thing to do, and quite frankly, it is long overdue.’”

“A large majority of Americans oppose allowing discrimination in taxpayer-funded adoption and foster care,” said Julie Kruse, Director of Federal Policy of Family Equality. “It is time that Congress listens to the will of the American people and eliminates discrimination in our nation’s child welfare system once and for all.  This discrimination must end.”

“Sadly, children who experience foster care have experienced trauma. The last thing they need is to be placed in a home that doesn’t affirm them for who they are or that is improperly trained to support their wellbeing, inclusive of their sexual orientation, gender identity, and religion. PFLAGers understand this. We strive to help families develop the skills to love and affirm their LGBTQ+ loved ones while honoring their faith traditions, too,” said Diego M. Sanchez, APR, Director of Advocacy, Policy and Partnerships for PFLAG National. “This is why PFLAG National supports the John Lewis Every Child Deserves a Family Act of 2021. The rights and dignity of every child and every family involved in the foster care system should be protected everywhere.”

“As a foster and adoptive parent who is a bisexual woman married to another woman, I am keenly aware of how the lack of federal protections in foster care affects families like mine,” said Laura McGinnis, a staff member of PFLAG National and member Family Equality’s National Network. “Anti-LGBTQ bias of the local child welfare agency meant our oldest child’s infant sibling was initially placed with a non-affirming family who intended no contact. To preserve the rights of these siblings to grow up together, we had to fight in court, something most families can’t do. The John Lewis Every Child Deserves a Family Act of 2021 would set a clear national standard to prevent discrimination that harms children and birth families who experience foster care.”

“Simply put, we have more children in foster care that we have beds to place them in,” says Schylar Baber, Executive Director of Voice for Adoption. “We need every viable family we can get. There is no time to waste. We must end discrimination to ensure that every child in foster care finds a permanent place to call home.” 

“The John Lewis Every Child Deserves a Family Act of 2021 is a critical tool for preventing homelessness and housing insecurity among LGBTQ+ youth and young adults,” said Gregory Lewis, executive director and CEO of True Colors United. “Young people with lived experience of homelessness frequently identify ending discrimination in foster care as one of their top priorities. It’s time for us to listen to them and to take real action to prevent youth homelessness by ensuring that LGBTQ+ youth in foster care are treated with dignity and respect.”

“NETWORK Lobby for Catholic Social Justice applauds the introduction of the John Lewis Every Child Deserves a Family Act and urges Congress to swiftly pass this necessary legislation into law. As a person of faith, I know that every person is made in the image and likeness of God,” said Mary J. Novak, executive director of NETWORK Lobby for Catholic Social Justice. “Children and families who are part of our child welfare system must have their intrinsic dignity recognized in every aspect. Ending discrimination is a moral imperative and critical to protecting the dignity and wellbeing of our families, friends, and neighbors. It is an injustice to deny children and prospective parents the opportunity to create a loving home together because of who they are or who they love. Our faith teaches us that the family can show society how to better care for all of its members. Discrimination has no place in our communities and neighborhoods, especially when it keeps children from thriving. This legislation is a fitting way to honor Congressman John Lewis’ vision of a country that cares for and supports all people and families. Congress must place this legislation on President Biden’s desk.”

“As Jews, we often pray for a sukkot shalom – a shelter of peace – to be spread over us and all the world so that no one has to live in fear,” said Rabbi Jason Kimelman-Block, Washington Director of Bend the Arc: Jewish Action. “Each one of the over 400,000 children and teens in foster care deserve a loving and caring home, and we must make it easier for them to find that peace by ending discrimination in the foster care system.”

There are nearly 425,000 children in the foster care system, and more than 122,000 children waiting for a permanent family. This bipartisan legislation is designed to increase the number of homes available to all children in foster care and to improve services to LGBTQ+ and religious minority youth. Approximately 28% of homeless youth with a foster care history identify as LGBTQ+ and are more likely to experience adverse events, such as being physically harmed or stigmatized, compared to peers with no foster care history. In New York, studies show that more than 3 in 4 LGBTQ+ youth ran away or were removed from foster homes because of the hostilities they faced, and more than half felt safer living on the street. This legislation would put an end to discriminatory policies and create a system that supports the best interests of children and foster and adoptive parents alike.

Specifically, the John Lewis Every Child Deserves a Family Act would:

• Prohibit organizations receiving federal funding from discriminating against children, youth, families, and individuals on the basis of religion, sex (including sexual orientation and gender identity), and marital status in the administration and provision of child welfare services.

• Ban conversion therapy for children participating in child welfare programs receiving federal funding.

• Promote safety, well-being, and permanency for LGBTQ+ children in foster care.

• Requires data collection on LGBTQ+ youth and families so we can better monitor these trends and issues, and it would establish a dedicated National Resource Center for LGBTQ+ youth in foster care within the Department of Health and Human Services’ Administration for Children and Families. 

The John Lewis Every Child Deserves a Family Act is endorsed by 175 supporting organizations.

This bill is cosponsored by Senators Tammy Baldwin (D-WI), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Sherrod Brown (D-OH), Maria Cantwell (D-WA), Tom Carper (D-DE), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Dianne Feinstein (D-CA), Mazie Hirono (D-HI), Tim Kaine (D-VA), Angus King (I-ME), Amy Klobuchar (D-MN), Edward J. Markey (D-MA), Bob Menendez (D-NJ), Chris Murphy (D-CT), Alex Padilla (D-CA), Jacky Rosen (D-NV), Bernie Sanders (I-VT), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Debbie Stabenow (D-MI), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), and Ron Wyden (D-OR).