fbpx
Articles

A roundup of child welfare policies the ERLC is working on

/
November 10, 2020

November is National Adoption Month. An important aspect of child welfare is the policies that govern how we care for the nation’s and world’s most vulnerable. Child welfare is one of the ERLC’s top priorities, and we regularly work with like-minded partners, Capitol Hill, and the administration to ensure that every child has a safe, permanent, and loving family.

Below are some of the child welfare policies the ERLC has been working on.

Adoptee Citizenship Act

Prior to the Child Citizenship Act of 2000, the administrative steps required of families adopting internationally were unnecessarily burdensome. The process included applying for and moving through a lengthy naturalization process for their children, in addition to the lengthy and costly adoption process. The Child Citizenship Act of 2000 granted automatic citizenship to all foreign-born children brought to the United States who had at least one parent who was a U.S. citizen. Unfortunately, that act only applied to adoptees under the age of 18 when the bill was enacted, leaving an entire population of adopted children without full U.S. citizenship.

The Adoptee Citizenship Act closes the loophole to provide immediate citizenship to these children already adopted by U.S. citizens yet left out of the previous bill. This bill solves the innumerable problems these adopted Americans have had to endure in attending college, accessing banking services, or starting their careers because of a lack of citizenship. This bill provides equity to these children because they should have every legal right of any other child of a U.S. citizen. 

One Pager: Adoptee Citizenship Act 

Explainer: Adoptee Citizenship Act

Fulton v. Philadelphia

In Philadelphia, Catholic Social Services (CSS) has cared for children and families in need for over 200 years. Then in 2018, a reporter from the Philadelphia Inquirer informed the City of Philadelphia’s Department of Human Services that two of its private foster care agencies, including Catholic Social Services (CSS), would not work with same-sex couples as foster parents. The city investigated the allegation, which it considered a violation of the city’s anti-discrimination laws.

When the agencies confirmed that, because of their religious views on marriage, they would not work with gay couples—although no gay couple had ever attempted to partner with CSS—the department ceased referring foster children to them and demanded they change their religious practices or close down their ministries. The Supreme Court has taken up this case, and oral arguments were held on Nov. 4. 

The outcome of the case will also reach thousands of faith-affirming foster and adoption agencies across the country. An unfavorable outcome for CSS may force other agencies into a similarly devastating choice to either compromise their deeply-held religious convictions or close down. Should CSS receive a decision from the Supreme Court clarifying their First Amendment protections, they can continue serving Philadelphia during its foster care crisis. Like the City of Brotherly Love, many states face foster family shortages. So, the closing down of faith-affirming foster care agencies is nonsensical and will leave many foster children without the loving homes they urgently need.

With the foster care system burdened by the number of children in need, the government should not hinder the ability of agencies like Catholic Social Services to serve its community simply because of their religious beliefs. When the court decides this case, it is our hope that it not only protects religious liberty but also protects the ability of faith-based groups to continue serving the children in Philadelphia who need safe and loving homes.

Explainer: What you need to know about Fulton v. Philadelphia

Child Welfare Provider Inclusion Act

Across the country, child welfare and child protection systems are overcrowded and under significant strain. It is in this context that some states and cities are working to close those child welfare providers who are seeking to operate in a manner consistent with their religious convictions. This leads to fewer families available for foster care and adoption. The Child Welfare Provider Inclusion Act would prohibit government discrimination against child welfare agencies on the basis of their beliefs, and ultimately protect children in the foster system and children waiting for adoption by ensuring that a wide range of child welfare providers are available to serve them. Although the legislation has yet to become law, the ERLC was pleased to see the Department of Health and Human Services issue a new regulation in November of 2019 requiring its grant programs to adhere to Supreme Court decisions and congressional laws, thus ensuring that religious freedom is not infringed upon by the federal government. 

This law would prohibit government discrimination against child welfare agencies on the basis of their religious beliefs. Thus, it would protect children in need as foster systems are overcrowded and under significant strain. 

Explainer: The Child Welfare Provider Inclusion Act

Ensuring Intercountry Adoption Remains a Viable Option

In 2019, only 2,971 children were welcomed into families through intercountry adoption. The reasons for this decline vary, from certain countries completely halting their intercountry programs to other countries placing more children in homes domestically. There’s also been a decline in stateside adoption agencies facilitating intercountry adoption, narrowing the options for prospective parents.

Many countries and cultures are becoming more open to domestic foster care and adoption. That is certainly good news, and ought to be encouraged. However, there are still millions of orphans worldwide who long to be raised in a family where they are known and loved instead of remaining a number in an impersonal institution. Intercountry adoption must remain a viable option for welcoming those children into homes, and we must do all we can to facilitate those adoptions. In some countries, especially developing nations, the only chance a child might have at growing up in a safe, loving, permanent home is intercountry. The ERLC is working with like-minded partners and the U.S. Department of State to ensure that intercountry adoption remains a viable option for families and vulnerable children around the world.

Read: Why Intercountry Adoption Must Remain a Viable Option

Chelsea Sobolik

Chelsea Sobolik serves as the Director of Public Policy with the Ethics and Religious Liberty Commission in the Washington, D.C. office. Previously, she worked on Capitol Hill on pro-life policies, domestic and international religious freedom, adoption, and foster care issues. Chelsea has been published at the Wall Street Journal, USA … Read More

Article 12: The Future of AI

We affirm that AI will continue to be developed in ways that we cannot currently imagine or understand, including AI that will far surpass many human abilities. God alone has the power to create life, and no future advancements in AI will usurp Him as the Creator of life. The church has a unique role in proclaiming human dignity for all and calling for the humane use of AI in all aspects of society.

We deny that AI will make us more or less human, or that AI will ever obtain a coequal level of worth, dignity, or value to image-bearers. Future advancements in AI will not ultimately fulfill our longings for a perfect world. While we are not able to comprehend or know the future, we do not fear what is to come because we know that God is omniscient and that nothing we create will be able to thwart His redemptive plan for creation or to supplant humanity as His image-bearers.

Genesis 1; Isaiah 42:8; Romans 1:20-21; 5:2; Ephesians 1:4-6; 2 Timothy 1:7-9; Revelation 5:9-10

Article 11: Public Policy

We affirm that the fundamental purposes of government are to protect human beings from harm, punish those who do evil, uphold civil liberties, and to commend those who do good. The public has a role in shaping and crafting policies concerning the use of AI in society, and these decisions should not be left to those who develop these technologies or to governments to set norms.

We deny that AI should be used by governments, corporations, or any entity to infringe upon God-given human rights. AI, even in a highly advanced state, should never be delegated the governing authority that has been granted by an all-sovereign God to human beings alone. 

Romans 13:1-7; Acts 10:35; 1 Peter 2:13-14

Article 10: War

We affirm that the use of AI in warfare should be governed by love of neighbor and the principles of just war. The use of AI may mitigate the loss of human life, provide greater protection of non-combatants, and inform better policymaking. Any lethal action conducted or substantially enabled by AI must employ 5 human oversight or review. All defense-related AI applications, such as underlying data and decision-making processes, must be subject to continual review by legitimate authorities. When these systems are deployed, human agents bear full moral responsibility for any actions taken by the system.

We deny that human agency or moral culpability in war can be delegated to AI. No nation or group has the right to use AI to carry out genocide, terrorism, torture, or other war crimes.

Genesis 4:10; Isaiah 1:16-17; Psalm 37:28; Matthew 5:44; 22:37-39; Romans 13:4

Article 9: Security

We affirm that AI has legitimate applications in policing, intelligence, surveillance, investigation, and other uses supporting the government’s responsibility to respect human rights, to protect and preserve human life, and to pursue justice in a flourishing society.

We deny that AI should be employed for safety and security applications in ways that seek to dehumanize, depersonalize, or harm our fellow human beings. We condemn the use of AI to suppress free expression or other basic human rights granted by God to all human beings.

Romans 13:1-7; 1 Peter 2:13-14

Article 8: Data & Privacy

We affirm that privacy and personal property are intertwined individual rights and choices that should not be violated by governments, corporations, nation-states, and other groups, even in the pursuit of the common good. While God knows all things, it is neither wise nor obligatory to have every detail of one’s life open to society.

We deny the manipulative and coercive uses of data and AI in ways that are inconsistent with the love of God and love of neighbor. Data collection practices should conform to ethical guidelines that uphold the dignity of all people. We further deny that consent, even informed consent, although requisite, is the only necessary ethical standard for the collection, manipulation, or exploitation of personal data—individually or in the aggregate. AI should not be employed in ways that distort truth through the use of generative applications. Data should not be mishandled, misused, or abused for sinful purposes to reinforce bias, strengthen the powerful, or demean the weak.

Exodus 20:15, Psalm 147:5; Isaiah 40:13-14; Matthew 10:16 Galatians 6:2; Hebrews 4:12-13; 1 John 1:7 

Article 7: Work

We affirm that work is part of God’s plan for human beings participating in the cultivation and stewardship of creation. The divine pattern is one of labor and rest in healthy proportion to each other. Our view of work should not be confined to commercial activity; it must also include the many ways that human beings serve each other through their efforts. AI can be used in ways that aid our work or allow us to make fuller use of our gifts. The church has a Spirit-empowered responsibility to help care for those who lose jobs and to encourage individuals, communities, employers, and governments to find ways to invest in the development of human beings and continue making vocational contributions to our lives together.

We deny that human worth and dignity is reducible to an individual’s economic contributions to society alone. Humanity should not use AI and other technological innovations as a reason to move toward lives of pure leisure even if greater social wealth creates such possibilities.

Genesis 1:27; 2:5; 2:15; Isaiah 65:21-24; Romans 12:6-8; Ephesians 4:11-16

Article 6: Sexuality

We affirm the goodness of God’s design for human sexuality which prescribes the sexual union to be an exclusive relationship between a man and a woman in the lifelong covenant of marriage.

We deny that the pursuit of sexual pleasure is a justification for the development or use of AI, and we condemn the objectification of humans that results from employing AI for sexual purposes. AI should not intrude upon or substitute for the biblical expression of sexuality between a husband and wife according to God’s design for human marriage.

Genesis 1:26-29; 2:18-25; Matthew 5:27-30; 1 Thess 4:3-4

Article 5: Bias

We affirm that, as a tool created by humans, AI will be inherently subject to bias and that these biases must be accounted for, minimized, or removed through continual human oversight and discretion. AI should be designed and used in such ways that treat all human beings as having equal worth and dignity. AI should be utilized as a tool to identify and eliminate bias inherent in human decision-making.

We deny that AI should be designed or used in ways that violate the fundamental principle of human dignity for all people. Neither should AI be used in ways that reinforce or further any ideology or agenda, seeking to subjugate human autonomy under the power of the state.

Micah 6:8; John 13:34; Galatians 3:28-29; 5:13-14; Philippians 2:3-4; Romans 12:10

Article 4: Medicine

We affirm that AI-related advances in medical technologies are expressions of God’s common grace through and for people created in His image and that these advances will increase our capacity to provide enhanced medical diagnostics and therapeutic interventions as we seek to care for all people. These advances should be guided by basic principles of medical ethics, including beneficence, non-maleficence, autonomy, and justice, which are all consistent with the biblical principle of loving our neighbor.

We deny that death and disease—effects of the Fall—can ultimately be eradicated apart from Jesus Christ. Utilitarian applications regarding healthcare distribution should not override the dignity of human life. Fur- 3 thermore, we reject the materialist and consequentialist worldview that understands medical applications of AI as a means of improving, changing, or completing human beings.

Matthew 5:45; John 11:25-26; 1 Corinthians 15:55-57; Galatians 6:2; Philippians 2:4

Article 3: Relationship of AI & Humanity

We affirm the use of AI to inform and aid human reasoning and moral decision-making because it is a tool that excels at processing data and making determinations, which often mimics or exceeds human ability. While AI excels in data-based computation, technology is incapable of possessing the capacity for moral agency or responsibility.

We deny that humans can or should cede our moral accountability or responsibilities to any form of AI that will ever be created. Only humanity will be judged by God on the basis of our actions and that of the tools we create. While technology can be created with a moral use in view, it is not a moral agent. Humans alone bear the responsibility for moral decision making.

Romans 2:6-8; Galatians 5:19-21; 2 Peter 1:5-8; 1 John 2:1

Article 2: AI as Technology

We affirm that the development of AI is a demonstration of the unique creative abilities of human beings. When AI is employed in accordance with God’s moral will, it is an example of man’s obedience to the divine command to steward creation and to honor Him. We believe in innovation for the glory of God, the sake of human flourishing, and the love of neighbor. While we acknowledge the reality of the Fall and its consequences on human nature and human innovation, technology can be used in society to uphold human dignity. As a part of our God-given creative nature, human beings should develop and harness technology in ways that lead to greater flourishing and the alleviation of human suffering.

We deny that the use of AI is morally neutral. It is not worthy of man’s hope, worship, or love. Since the Lord Jesus alone can atone for sin and reconcile humanity to its Creator, technology such as AI cannot fulfill humanity’s ultimate needs. We further deny the goodness and benefit of any application of AI that devalues or degrades the dignity and worth of another human being. 

Genesis 2:25; Exodus 20:3; 31:1-11; Proverbs 16:4; Matthew 22:37-40; Romans 3:23

Article 1: Image of God

We affirm that God created each human being in His image with intrinsic and equal worth, dignity, and moral agency, distinct from all creation, and that humanity’s creativity is intended to reflect God’s creative pattern.

We deny that any part of creation, including any form of technology, should ever be used to usurp or subvert the dominion and stewardship which has been entrusted solely to humanity by God; nor should technology be assigned a level of human identity, worth, dignity, or moral agency.

Genesis 1:26-28; 5:1-2; Isaiah 43:6-7; Jeremiah 1:5; John 13:34; Colossians 1:16; 3:10; Ephesians 4:24