Beshear: LGBTQ+ anti-discrimination terms cut from contract, but Baptist agency wants more

Kentucky child welfare officials have removed LGBTQ anti-discrimination language from a proposed contract with a Baptist children's agency, following a recent U.S. Supreme Court ruling on a similar situation in Philadelphia.

But the contract dispute continues because Sunrise Children's Services still refuses to sign it, even with the wording its leaders found objectionable removed, Gov. Andy Beshear said Thursday.

Beshear said the state agreed to cut the LGBTQ anti-discrimination language from the contract following a June 17 Supreme Court ruling in favor of a Roman Catholic children's agency in Philadelphia that sued over a similar dispute with the city.

The Supreme Court decision, "while not directly on point, is pretty close," Beshear said at a news briefing Thursday.

But he said Sunrise countered with additional changes they want in the standard contract offered to all outside agencies that help care for children who have experienced abuse or neglect.

"They now want significant, additional terms," Beshear said. "This isn't a chance to negotiate for more. You got what you asked for."

John Sheller, a lawyer for Sunrise, provided a statement saying he believes the dispute will be resolved.

"I have no doubt that we will come to an understanding and we can all move forward. It is so important to have clear communication lines any time two sides are negotiating," it said. "...Sunrise is focused on the most important duty it has, the children in its care."

Background:Kentucky's feud with agency over LGBTQ foster parents may be decided by US Supreme Court

Meanwhile, the state will continue to place children in need of care with Sunrise, Beshear said Thursday. Kentucky had set July 1 as a deadline after which they would no longer place children with the agency.

"What we are told and what I believe from the organization itself is that they want to serve kids," Beshear said. "I hope this is about the kids."

Beshear didn't detail the changes Sunrise is seeking but said he hopes the state and  Sunrise can reach a resolution. And he said other private agencies and foster homes are available if not.

"I think Sunrise has been a good provider of many services," he said. "I will say that there is capacity in this state to make sure that every child in this state who needs help gets help with or without them."

Originally, Sunrise had objected to the terms "sexual orientation" and "gender identity" being included in the contract, saying that would violate the agency's religious convictions. Southern Baptists view homosexual relationships as sinful and do not recognize same-sex marriage.

Sunrise does not accept same-sex couples as foster parents and said it refers openly gay individuals seeking jobs to other agencies.

Sunrise, which has contracted with the state since the 1970s for children's services, said in previous years state officials have agreed not to include the LGBTQ language in the contract.

But last year, when the annual contract came up for renewal under the Beshear administration, "they wanted Sunrise to sign the exact same contract that every other provider signs," Sheller said at a recent legislative hearing.

The Beshear administration had argued the anti-discrimination language was required by federal law.

Related:Kentucky leads in child abuse for third year straight as poverty, drugs take toll on families

But the Cabinet for Health and Family Services reconsidered after last month's Supreme Court decision in favor of Catholic Social Services, which argued Philadelphia had improperly excluded it from a contract for children's services because it did not accept same-sex couples for foster care and adoption.

Sunrise currently has about 600 children placed with it by the state. 

It has been operating without a contract since July 1, 2020

Over the past year, the state has paid Sunrise about $16 million to care for children and provide other services, such as family counseling, Sunrise President Dale Suttles told a legislative committee last month.

Reach Deborah Yetter at dyetter@courier-journal.com or 502-582-4228. Find her on Twitter at @d_yetter. Support strong local journalism by subscribing today: www.courier-journal.com/subscribe.