In a move that caught some gay and lesbian activists off-guard, the Texas House voted 81-58 late Tuesday to approve an amendment to foster care legislation that would ban lesbians, gays and bisexuals from serving as foster parents.

The legislation also authorizes the state to conduct investigations into the sexual orientation of current foster parents.

Activists say it is the first such legislation to be passed in the country.

Rep. Robert Talton (R-Pasadena) tacked the amendment onto Senate Bill 6, which calls for the restructuring of the foster care system.

Talton filed two anti-gay foster care measures during the 2003 session, but both bills died in committee. This time, he bypassed committee hearings by adding the amendment directly onto the bill.

During discussion on his amendment, Talton said, “I think it is important that children ought to be able to establish their own sexual identity without being in a biased environment. That’s what I’m trying to prevent.”

Rep Garnet Coleman (D-Houston) challenged Talton in floor debate charging that not only is the legislation discriminatory, but it also will cost millions and will uproot hundreds if not thousands of children in foster care placement.

Talton said his action was prompted by studies regarding the suitability of gays and lesbians to be parents.

“What studies are those,” Coleman asked.

Talton thumbed through a pocket-sized, thin book and occasionally read what he said were the results of studies done regarding children and gays and lesbians and told Coleman, “I’ll quote you a study if you want to know.”

Reading, he said, “It says parents influence the sexual orientation of their children.”

He quoted another study, “There was a 14-year study comparing 25 children of 18 lesbian mothers against 21 children of 16 single, heterosexual mothers. When asked what they thought their mothers wanted them to become... 40 percent of the children of lesbian mothers said their mother wanted them to become homosexual.”

When asked by the Voice to identify the title of the book from which he read, staff at Talton’s Austin office would not say.

“I’ve been trying to find that book,” Coleman said. “I wanted t use it for a press conference we had yesterday.”

Texas Rep. Robert Talton (R-Pasadena) tacked an amendment that would prohibit gays and lesbians from serving as foster parents onto a foster care overhaul bill.

Hate is a learned behavior
Also among those debating the amendment on the House Floor was Rep. Senfronia Thompson of Houston who questioned, “Do you know that hate is a learned behavior? Do you know that discrimination is a learned behavior?”

Advocates of gay rights in Texas and elsewhere in the country were quick to denounce the House action.

Houston City Controller Annise Parker, who along with her partner, Kathy Hubbard, adopted two daughters out of foster care said, “The sad thing about the Talton amendment is that there are about half the number of foster care homes as are needed. Not only that, but it would require a state agency to go on a witch hunt through the existing homes to get a statement from parents as to whether they are gay or lesbian.”

She added, “Mr. Talton clearly has a fixation with the gay and lesbian community. He saw an opportunity to append his amendment to a larger foster care bill, and he stuck it in.”

The Lesbian Gay Rights Lobby of Texas issued an action alert after the House vote that contains the names of those who voted in favor of the Talton amendment. Gay activists were surprised by names that were and were not on the list.

Although the name of Rep. Sylvester Turner (D-Houston) appears on the list, Turner said he had to leave the floor to attend a committee meeting, and the vote was cast mistakenly in his absence.

“I am not in favor of the amendment, and my previous record and actions reflect that,” Turner said.

Also evoking discussion among gay and lesbian activists was a name that was not on the list of those who voted for the amendment, that of Republican Rep. Martha Wong of Houston.

In a telephone call to the Voice today, Wong said she did not vote for the measure because did doesn’t agree with it.

“I know people who are of the lesbian and gay community who have actually adopted children, and they are providing a wonderful home and life for them,” Wong said.

Wong said she has faith in the state agency charged with approving foster parents to weed out those who for what ever reason should not be caring for children.

Lesbian foster parents to 80
Eva Thiibaudeau and Christina Rodriguez were in Austin Wednesday for a press conference called by legislators and activists who are opposed to the amendment.

They may know better than just about anyone how the amendment would affect gay and lesbian foster parents and the children placed in their care. Together they have fostered at least 80 children and adopted four of those.

“It’s hatred and ignorance among adults,” Thibaudeau said. “It’s tragic.”

Asked what would happen to the children displaced from gay and lesbian foster homes, Thibaudeau said, “How about a large, impersonal shelter.”

Aside from the cost that the state would incur if the amendment becomes law, Coleman said he is most concerned about the social costs.

“Through gay and lesbian parents, the children who are often passed over in the foster care and adoption process find safe and happy homes,” he said. “I don’t know why Rep. Talton would push an amendment that costs the state money and takes safety and happiness away from Texas’ foster children.”

Rep. Jessica Farrar (D-Houston) said in a statement, “The amendment also requires that caseworkers ask specific questions regarding sexual orientation. Children will now come second, while our caseworkers engage in something similar to a witch hunt to determine a prospective foster parent’s sexual orientation.”

Along with the names of legislators who voted for the amendment, LGRL has included their phone numbers on its Web site.

“This amendment is bad policy, plain and simple,” said Randall Ellis, executive director of the Lesbian Gay Rights Lobby of Texas. “Mr. Talton has taken aim at the LGBT community of Texas and thousands of children are now caught in the crosshairs.”

Ellis said LGRL will continue its efforts to prevent the amendment from being permanently written into foster care legislation.

Jennifer Chrisler, executive director of the Family Pride Coalition, said, “This damaging and costly amendment does nothing to better serve Texas families and children.”

Opponents of Talton’s amendment argued that the cost of investigating current foster parents and institutionalizing the children found to be in homes with homosexual or bisexual foster parents would put a financial burden on the state.

Senate Bill 6 now goes to a conference committee where activists say they hope representatives of both houses will vote to exclude Talton’s amendment. From there, it goes back to both houses for a final vote.

Coleman said he, Farrar and others are monitoring the foster care bill as it is referred to a committee and will work to have the Talton amendment removed before it goes to both houses for a final vote.

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