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119-s-3279119th Congress
John Lewis Every Child Deserves a Family Act
Sponsored By: Senator Gillibrand, Kirsten E. [D-NY]
Introduced
Summary
Prohibits discrimination by federally funded child welfare programs based on religion, sex (including sexual orientation and gender identity), and marital status. It would also aim to improve safety, well-being, placement stability, and permanency for LGBTQ children and youth by requiring data, training, a National Resource Center, and private legal remedies.
Show full summary
- Children and youth (up to age 23) would be protected from discriminatory treatment and the bill would require the Adoption and Foster Care Analysis and Reporting System (AFCARS) to collect information on sexual orientation, gender identity, and whether family conflict over these issues led to removal.
- Foster, adoptive, and relative caregivers would be recruited regardless of religion, sex, or marital status and would receive LGBTQ cultural competency and gender-appropriate training.
- State child welfare agencies and other covered entities that get federal funds would have to follow HHS guidance within 6 months after guidance is issued or 1 year after enactment, with limited extensions and potential withholding of funds for noncompliance.
- Individuals harmed by violations would be allowed to sue in federal district court for injunctions, declaratory and equitable relief, and attorneys’ fees; the bill also bars using the Religious Freedom Restoration Act as a defense under this law.
- The Secretary of Health and Human Services would publish guidance and provide technical assistance, establish a National Resource Center to support best practices, and the Government Accountability Office would study state compliance within 3 years and report to Congress.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
Nondiscrimination in child welfare
If enacted, child-welfare agencies that get federal money could not deny services for religion, sex, or marital status. Sex would expressly include sexual orientation and gender identity. The protections would apply to agencies funded under specified Title IV, Title XIX, or Title XX programs. A covered "child or youth" could be anyone age 23 or younger in those programs. The bill would bar using the Religious Freedom Restoration Act as a defense and would preserve rights under Title VI.
Support for LGBTQ youth in care
If enacted, HHS would publish guidance within six months and provide technical help and training to agencies, courts, and caregivers. The bill would create a National Resource Center to promote LGBTQ-competent services, training, research, and best practices. HHS would collect sexual orientation and gender identity (SOGI) data in AFCARS and note if SOGI-related family conflict led to removal. The bill would ban conversion therapy while allowing supportive, identity-affirming counseling and transition-related care.
Enforcement, deadlines, and legal remedies
If enacted, covered entities would have to comply within six months after HHS guidance or one year after enactment, unless a State gets an extension. The Secretary could extend State deadlines when state law changes are needed. If a State fails to comply, HHS could withhold Title IV-B or IV-E funds as the Secretary decides. Individuals harmed by violations could sue in federal court and seek injunctions, declaratory relief, and attorneys' fees. The GAO would study State compliance within three years and report to Congress within six months after finishing.
Sponsors & CoSponsors
Sponsor
Gillibrand, Kirsten E. [D-NY]
NY • D
Cosponsors
Sen. Schatz, Brian [D-HI]
HI • D
Sponsored 11/20/2025
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 11/20/2025
Sen. Smith, Tina [D-MN]
MN • D
Sponsored 11/20/2025
Sen. Hickenlooper, John W. [D-CO]
CO • D
Sponsored 11/20/2025
Sen. Schiff, Adam B. [D-CA]
CA • D
Sponsored 11/20/2025
Sen. Merkley, Jeff [D-OR]
OR • D
Sponsored 11/20/2025
Sen. Coons, Christopher A. [D-DE]
DE • D
Sponsored 11/20/2025
Sen. Whitehouse, Sheldon [D-RI]
RI • D
Sponsored 11/20/2025
Sen. Van Hollen, Chris [D-MD]
MD • D
Sponsored 11/20/2025
Sen. Baldwin, Tammy [D-WI]
WI • D
Sponsored 11/20/2025
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 11/20/2025
Sen. Wyden, Ron [D-OR]
OR • D
Sponsored 11/20/2025
Sen. Duckworth, Tammy [D-IL]
IL • D
Sponsored 11/20/2025
Sen. Rosen, Jacky [D-NV]
NV • D
Sponsored 11/20/2025
Sen. Sanders, Bernard [I-VT]
VT • I
Sponsored 11/20/2025
Sen. Murphy, Christopher [D-CT]
CT • D
Sponsored 11/20/2025
Sen. Kaine, Tim [D-VA]
VA • D
Sponsored 11/20/2025
Sen. Blumenthal, Richard [D-CT]
CT • D
Sponsored 11/20/2025
Sen. Fetterman, John [D-PA]
PA • D
Sponsored 11/20/2025
Sen. Klobuchar, Amy [D-MN]
MN • D
Sponsored 11/20/2025
Sen. Shaheen, Jeanne [D-NH]
NH • D
Sponsored 11/20/2025
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 12/2/2025
Sen. Durbin, Richard J. [D-IL]
IL • D
Sponsored 12/2/2025
Sen. Warren, Elizabeth [D-MA]
MA • D
Sponsored 12/2/2025
Sen. Luján, Ben Ray [D-NM]
NM • D
Sponsored 12/3/2025
Sen. Alsobrooks, Angela D. [D-MD]
MD • D
Sponsored 12/4/2025
Sen. Kelly, Mark [D-AZ]
AZ • D
Sponsored 12/9/2025
Sen. Welch, Peter [D-VT]
VT • D
Sponsored 12/17/2025
Sen. Bennet, Michael F. [D-CO]
CO • D
Sponsored 2/3/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov