Cheryl R. Drazin Jean & Jerry Moore Southwest Area Civil

TEXAS OFFICES
AUSTIN REGION
3305 Northland Drive, Suite 310
Austin, Texas 78731
P (512) 249 –7960 F (512) 249-1661
austin@adl.org
RENEE LAFAIR
Regional Director
ROBYN SPERLING
Chair, Regional Board
JARED LINDAUER
ADAM NAGORSKI
Co-Chairs, Civil Rights Committee
NORTH TEXAS/OKLAHOMA REGION
12800 Hillcrest Road, Suite 219
Dallas, Texas 75230
P (972) 960-0342 - F (972) 960-0591
dallas@adl.org
ROBERTA S. CLARK
Regional Director
JEFFREY S. LEVINGER
Chair, Regional Board
BRAD ALTMAN
HOWARD SHAPIRO
Co-Chairs, Civil Rights Committee
SOUTHWEST REGION
4635 Southwest Freeway, Suite 400
Houston, Texas 77027
P (713) 627-3490 - F (713) 627-2011
houston@adl.org
MARTIN B. COMINSKY
Regional Director
IAN SCHARFMAN
Chair, Regional Board
MARK TRACHTENBERG
Chair, Civil Rights Committee
PHYLLIS COHEN
Chair, Government Affairs
JEAN & JERRY MOORE
SOUTHWEST AREA COUNSEL
CHERYL R. DRAZIN
OFFICERS OF THE
NATIONAL COMMISSION
BARRY CURTISS-LUSHER
National Chair
ABRAHAM H. FOXMAN
National Director
April 14, 2015
Harold V. Dutton, Jr.
Texas House of Representatives
Chair, Juvenile Justice & Family issues
Via Email
harold.dutton@house.state.tx.us
Re:
Opposition to HB 3864
Dear Chairman Dutton:
On behalf of the Anti-Defamation League (ADL), we urge the House committee on Juvenile Justice and
Family Issues to oppose House Bill 3864 when it is heard by committee on April 15, 2015.
ADL is a strongly pro-religion, national human relations and civil rights organization. For over a
century, we have been an ardent advocate for religious freedom for all Americans – whether in the
majority or minority. To that end, we believe that our nation’s constitutional free exercise protections
are a shield for religious practice and not a sword to impose religious beliefs on others.
Although HB 3864 does not reference sexual orientation, other personal characteristics, or
discrimination, similar to the original version of Indiana’s so-called “religious freedom” law it broadly
empowers child-placing agencies receiving taxpayer-funded grants or contracts to discriminate on the
basis of religious or moral beliefs. As a result, using taxpayer dollars such agencies could lawfully
refuse to place a child with an otherwise qualified couple or individual based on sexual orientation,
religion, national origin, race, or other personal characteristic.
Neither Texas nor its taxpayers should be supporting discrimination. The publicly funded discrimination
authorized by HB 3864 is not only grossly unfair, but would likely violate the Texas Constitution and in
certain instances violate federal law. Just last week, on April 8 th, President Obama issued Executive
Order 13672 which bans discrimination on the basis of sexual orientation and gender identity in federal
contracting. HB 3864 would permit this type of unlawful discrimination.
An agency refusing to contract for services with a mixed-race, Jewish or Arab couple would likely
violate 42 U.S.C. § 1981 regardless of whether the agency receives public funding. Any federal
supported agency that refuses services to individuals or couples based on race, color, or national origin
would likely violate 42 U.S.C. 2000(d). Additionally, an agency receiving significant government
support could violate the federal or state equal protections clauses by denying services based on race,
religion, gender or national origin.
In light of these serious policy and legal issues, we urge the Juvenile Justice and Family Issues
committee to oppose this highly problematic legislation.
Sincerely,
Cheryl R. Drazin
Jean & Jerry Moore Southwest Area Civil Rights Counsel
On behalf of the three Texas offices located in Austin, Dallas and Houston
ANTI-DEFAMATION LEAGUE • TEXAS OFFICES
AUSTIN • NORTH TEXAS-OKLAHOMA • SOUTHWEST
WEB SITE: WWWADL.ORG