Conscience Clauses and the Placement of Children

This Article first discusses a goal shared by the states (promoting the best interests of children), how adoption promotes that goal, and the differing approaches that states have adopted when seeking to accommodate both religious diversity and antidiscrimination norms. The Article then considers the constitutionality of some of the differing approaches that have been adopted or proposed, noting some of the complicating factors in the constitutional analysis. While the constitutionality of these exemptions is debatable, one point seems clear—these exemptions sacrifice the interests of children and society more generally and simply cannot be reconciled with good public policy.