H-0428.1  _______________________________________________

                          HOUSE BILL 1171

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives Stevens, Koster, Thompson, Casada, Hargrove, Backlund, McMahan, McMorris, Crouse, Sherstad, Padden, Fuhrman, Goldsmith, Boldt, Campbell and Pelesky

Read first time 01/16/95.  Referred to Committee on Children & Family Services.

Prohibiting adoption, foster care, and placement care of minor children by homosexuals.

    AN ACT Relating to prohibiting adoption, foster care, and placement care of minor children by homosexuals; adding a new section to chapter 26.33 RCW; creating a new section; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 26.33 RCW to read as follows:

    The legislature finds that it is in the best interest of a minor child for the child to reside, where possible, in a household with a mother and a father, either the natural parents, a parent and stepparent, adoptive parents, or foster parents.

    The legislature further finds that it is not in the best interest of a minor child for the child to be placed in a household with a homosexual, bisexual, transsexual, or transvestite, or with a person who engages in such a conduct, act, practice, or relationship.

    The legislature further finds that there is a legitimate and compelling state interest in ensuring minor children are placed, where possible, in sound female with male married households and that minor children are not placed in households with a homosexual, bisexual, transsexual, or transvestite, or with a person who engages in such a conduct, act, practice, or relationship.

    A homosexual, bisexual, transsexual, or transvestite, or a person who engages in such a conduct, act, practice, or relationship, may not become an adoptive, foster, or placement parent and may not have in such a capacity a minor child under his or her care, custody, or control.

    The state shall provide a written finding in an adoption, foster, or placement proceeding that the prospective adoptive, foster, or placement parent is not a homosexual, bisexual, transsexual, or transvestite, and does not engage in such a conduct, act, practice, or relationship.

    A court shall enforce this section in an adoption, foster, or placement proceeding before it, and shall enter a written finding that the prospective adoptive, foster, or placement parent is not a homosexual, bisexual, transsexual, or transvestite, and does not engage in such a conduct, act, practice, or relationship.

NEW SECTION. Sec. 2.  The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act.  In the event of conflict between this act and any other provision of law, the provisions of this act shall govern.

NEW SECTION. Sec. 3.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 4.  This act is necessary for the immediate preservation of the public peace, health, morals, or safety, or the support of the state government and its existing public institutions, and shall take effect immediately.

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