Republicans and Democrats on Monday clashed over legislation that creates a “bill of rights” for youth in foster care — in particular because the proposal seeks to guarantee the ability to refuse religious activities and ensures the right to “express gender identity.” 

House Bill 1017 provides foster children 5 years and older with an expansive list of rights and freedoms, including guaranteeing access to services and programs, timely court proceedings and effective case management and the right to be placed in a safe environment free of abuse.

The legislation also delves into gender identity issues, saying foster youth have the right to freedom of discrimination or harassment on the basis of gender identity and gender expression. It also says that foster children have the right to be referred to by their preferred name and pronouns and guarantees they may attend or refuse religious services. 

And those provisions are at the crux of the debate that occurred at the state Capitol on Monday. 

“It says that if I’m a foster parent, I have to affirm any LGBT mentalities,” said Rep. Scott Bottoms, R- Colorado Springs. “That is not OK, and that is exactly what this bill does and says. It takes away religious freedom, it takes away parental rights, it takes away Christian rights, and it takes away the ability of a foster parent to actually try to bring structure to these children’s homes.”

In response, Rep. Leslie Herod, D- Denver, spoke of her experience as a member of the LGBTQ community and a Christian.

“I’m tired of people using Christianity as an excuse to discriminate against LGBTQ people,” she said. “It is not OK to say or think that all Christians are anti-LGBTQ, or that bringing a young person to a church is anti-LGBTQ. It is not.”

The legislation said about 30% of youth in the foster care system identify as LGBTQ. The bill also references research indicating this population is more than twice as likely to report being treated poorly by the foster care system.

Rep. Brianna Titone, D-Arvada, emphasized the need for these children to have a safe and accepting place to live while in foster care.

“We need to make sure we’re giving them the ability to be themselves and not telling them who they’re not,” she said. “You can’t tell somebody who they’re not. You have to give them a place where they can be themselves.” 

Rep. Brandi Bradley, R- Larkspur, expressed worries that the legislation would lead conservative Christians, whom she said account for nearly half of all foster parents, to stop fostering.

“You’re gonna get rid of them now,” she said. “They’re gonna be done, which is probably the goal. The state continues to pass legislation to promote LGBTQ+ at the expense of individual choice and liberty, often forcing a conflict with deeply held religious beliefs.” 

The Republican caucus proposed an amendment to the bill that would remove mentions of sexual orientation, gender identity, HIV status, and military status. They argued that the provision on military is status unnecessary, since youth in the foster care system aren’t old enough to enlist in the military. 

“I have asked for bipartisan support,” Bradley said of the amendment. “I have come to this Capitol this year pledging bipartisan support. I had asked for a couple of things to be stricken out of this bill to make it so that foster care families can continue to provide loving and caring environments for the kids who desperately need that. Can we come to the table and have bipartisan support and take some of this ideology out and support the kids that truly need them?”

The amendment failed, and the bill, which lawmakers advanced along party lines, advanced to its third reading. 

The bill is sponsored by Reps Lindsey Daugherty, D- Arvada, and Jennifer Parenti, D-Longmont, and Sen. Rachel Zenzinger, D- Arvada.