Adoption discrimination-keep kids first act.

25LSO-0545
2025
STATE OF WYOMING
25LSO-0545
Introduced
2.0

HOUSE BILL NO. HB0149

Adoption discrimination-keep kids first act.

Sponsored by: Representative(s) Rodriguez-Williams, Angelos, Haroldson, Hoeft, Neiman, Pendergraft and Singh and Senator(s) Brennan, Hutchings, Ide, Olsen and Salazar

A BILL

for

AN ACT relating to children; providing legislative findings; specifying protections for specified adoption and foster care providers and parents; prohibiting discriminatory actions associated with adoption and foster care; specifying remedies and causes of action; making conforming amendments; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

(a)

The legislature finds that:

(i)

The state seeks to place children in a safe, loving and supportive home when the state is required to place a child with an adoptive or foster family;

(ii)

There are several adoption and foster care agencies in this state that assist families with adoption and foster parent placements of children;

(iii)

The adoption and foster care agencies in Wyoming represent diverse organizations and groups, some of which are faith
‑
based and some of which are not faith
‑
based;

(iv)

Children in need of adoption and foster care placement services benefit from having as many adoption and foster parent agencies available as possible, because the more agencies that participate in these services, the greater the likelihood that children will find permanent placements;

(v)

The United States Supreme Court has recognized the benefits of having more, not fewer, adoption and foster care providers. "Maximizing the number of foster families and minimizing liability are important goals, but the City fails to show that granting [Catholic Social Services] an exception will put those goals at risk. If anything, including [Catholic Social Services] in the program seems likely to increase, not reduce, the number of available foster parents."
Fulton v. City of Philadelphia
, 141 S. Ct. 1868, 1881–82 (2021);

(vi)

Children and families benefit greatly from the adoption and foster care services provided by faith
‑
based and nonfaith
‑
based child placement agencies;

(vii)

Faith
‑
based organizations and groups have a lengthy and distinguished history of providing adoption and foster care services in Wyoming;

(viii)

Private child placement agencies and persons, including faith
‑
based child placement agencies and persons, have the right to free exercise of religion under both the United States and Wyoming Constitutions. Under well
‑
settled principles of constitutional law, this right includes the freedom to abstain from conduct that conflicts with an agency's sincerely held religious beliefs;

(ix)

Ensuring that faith
‑
based child placement agencies can continue to provide adoption and foster care services will benefit the children and families who receive those services;

(x)

The United States Constitution allows all adoption and foster care providers to operate according to their beliefs without fear of unjust government punishment;

(xi)

In a unanimous decision, the United States Supreme Court made clear that state governments violate the requirements of religious neutrality when they undermine religious beliefs or practices, stating that government "fails to act neutrally when it proceeds in a manner intolerant of religious beliefs or restricts practices because of their religious nature."
Fulton v. City of Philadelphia
, 141 S. Ct. 1868, 1877 (2021);

(xii)

"The Constitution forbids laws that prohibit the free exercise of religion. That guarantee protects not just the right to
be
a religious person, holding beliefs inwardly and secretly; it also protects the right to
act
on those beliefs outwardly and publicly."
Espinoza v. Mont. Dep't of Revenue
, 591 U.S. 464, 510 (2020) (Gorsuch, J., concurring) (emphases in original);

(xiii)

The United States Supreme Court has "long recognized the importance of protecting religious actions, not just religious status."
Espinoza
, 591 U.S. at 511 (Gorsuch, J., concurring). The "First Amendment protects the 'freedom to act' as well as the 'freedom to believe.'"
Espinoza
, 591 U.S. at 511 (Gorsuch, J., concurring) (quoting
Cantwell v. Connecticut
, 310 U.S. 296, 303 (1940));

(xiv)

The government violates the Free Exercise Clause whenever it "conditions receipt of an important benefit upon conduct proscribed by a religious faith, or where it denies such a benefit because of conduct mandated by religious belief, thereby putting substantial pressure on an adherent to modify his behavior to violate his beliefs."
Thomas v. Review Bd. of Ind. Employment Sec. Div.
, 450 U.S. 707, 717–18 (1981).

Section 2
.

W.S. 1
‑
39
‑
124 and 14
‑
1
‑
301 through 14
‑
1
‑
304 are created to read:

1
‑
39
‑
124.

Liability; discrimination against adoption and foster care providers and parents.

A governmental entity is liable for damages resulting from a violation of W.S. 14
‑
1
‑
301 through 14
‑
1
‑
304 pursuant to W.S. 14
‑
1
‑
303.

ARTICLE 3
ADOPTION AND FOSTER CARE PROTECTION

14
‑
1
‑
301.

Definitions.

(a)

As used in this article:

(i)

"Adoption or foster care" means any social service provided to or on behalf of children for adoption or foster care, including:

(A)

Promoting foster parenting;

(B)

Providing foster homes, residential care, group homes or temporary group shelters for children;

(C)

Recruiting foster parents;

(D)

Placing children in foster homes;

(E)

Licensing or certifying foster homes;

(F)

Promoting adoption or recruiting adoptive parents;

(G)

Assisting adoptions or supporting adoptive families;

(H)

Performing or assisting home studies;

(J)

Assisting kinship guardianships or kinship caregivers;

(K)

Providing family preservation services;

(M)

Providing family support services;

(N)

Providing temporary family reunification services.

(ii)

"Governmental entity" means the state and its agencies and political subdivisions, the University of Wyoming, cities, towns and counties and their agencies, instrumentalities and institutions;

(iii)

"Religious organization" means one (1) or more of the following:

(A)

A house of worship, including churches, synagogues, shrines, mosques and temples;

(B)

A religious group, corporation, association, school, educational institution, ministry, order, society or other entity, regardless of whether the entity is integrated or affiliated with a church or other house of worship;

(C)

An officer, owner, employee, manager, religious leader, clergy or minister of an entity or organization described in this paragraph.

(iv)

"State benefit program" means any program administered, controlled or funded by the state or any other governmental entity that provides cash, payments, grants, contracts, loans or other in
‑
kind assistance.

14
‑
1
‑
302.

Protections for adoption agencies and foster care providers and adoptive and foster parents; discrimination prohibited.

(a)

No governmental entity shall take any discriminatory action against a person:

(i)

That advertises, provides or facilitates adoption or foster care, wholly or partially on the basis that the person has provided or declined to provide any adoption or foster care service or related service based on or in a manner consistent with a sincerely held religious belief;

(ii)

To whom the governmental entity grants custody of a foster or adoptive child, or who seeks the custody of a foster or adoptive child, wholly or partially on the basis that the person guides, instructs or raises a child, or intends to guide, instruct or raise a child, based on or in a manner consistent with a sincerely held religious belief. For purposes of this paragraph, a governmental entity may consider whether a person shares the same religion or faith tradition as a foster or adoptive child when considering placement of the child in order to prioritize placement with a person of the same religion or faith tradition.

(b)

No governmental entity shall take any of the following discriminatory actions against any person protected under subsection (a) of this section because of a sincerely held religious belief:

(i)

Alter in any way the tax treatment of, or cause any additional tax, penalty or payment to be assessed against, or deny, delay, revoke or otherwise make unavailable an exemption from taxation;

(ii)

Disallow, deny or otherwise make unavailable a deduction for state taxation purposes of any charitable contribution made to or by a person protected under subsection (a) of this section;

(iii)

Withhold, reduce, exclude, terminate, materially alter the terms and conditions of or otherwise make unavailable or deny any state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship or other similar benefit;

(iv)

Withhold, reduce, exclude, terminate, adversely alter the terms or conditions of or otherwise make unavailable or deny any entitlement or benefit under a state benefit program;

(v)

Impose, levy or assess a monetary fine, fee, penalty, damages award or injunction, unless otherwise expressly provided by law;

(vi)

Withhold, reduce, exclude, terminate, materially alter the terms or conditions of or otherwise make unavailable or deny any license, certification, accreditation, custody award, agreement, diploma, grade, recognition or other similar benefit, position or status, unless otherwise expressly provided by law;

(vii)

Refuse to hire or promote, force to resign, fire, demote, sanction, discipline, adversely alter the terms or conditions of employment or retaliate or take any other adverse employment action, if the person is employed or is seeking employment with a governmental entity.

(c)

Except as otherwise provided by state and federal law, each governmental entity shall consider a person protected under subsection (a) of this section to be accredited, licensed or certified as an adoptive parent or foster care parent if the person would otherwise be accredited, licensed or certified as an adoptive parent or foster care parent under state law but for a determination against the person wholly or partially on the basis that the person believes, maintains policies and procedures or acts in accordance with a sincerely held religious belief.

(d)

Each governmental entity shall consider any person for a contract, grant or agreement related to adoption or foster care if the person otherwise would be considered but for a determination against the person wholly or partially on the basis that the person believes, maintains policies and procedures or acts in accordance with a sincerely held religious belief.

14
‑
1
‑
303.

Remedies; claims; defenses; immunity waived.

(a)

Any person may assert a violation of this article as a claim against a governmental entity in any judicial or administrative proceeding, or as a defense in any judicial or administrative proceeding.

(b)

Notwithstanding any other provision of law, an action arising from this article may be commenced, and relief may be granted, without regard to whether the person commencing the action has sought or exhausted remedies available under the Wyoming Administrative Procedure Act.

(c)

Any person who successfully asserts a claim or defense under this article may recover:

(i)

Declaratory relief;

(ii)

Injunctive relief;

(iii)

Compensatory damages;

(iv)

Reasonable attorney fees and costs;

(v)

Any other appropriate relief.

(d)

For purposes of subsection (c) of this section, declaratory relief and injunctive relief shall only be available upon a successful assertion of a defense under this article.

(e)

Any action commenced under this section shall be brought not later than two (2) years after the date the person knew or reasonably should have known that a discriminatory action was taken against a person in violation of this article.

14
‑
1
‑
304.

Applicability.

(a)

This article shall be construed in favor of a broad protection of free exercise of religious beliefs, to the maximum extent permitted by the constitutions of the United States and Wyoming.

(b)

The protection of free exercise of religious beliefs afforded by this article are in addition to the protections provided under federal law, state law and the constitutions of the United States and Wyoming. Nothing in this article shall be construed to:

(i)

Preempt or repeal any state or local law that is equally or more protective of the free exercise of religious beliefs;

(ii)

Narrow the meaning or application of any state or local law protecting the free exercise of religious beliefs;

(iii)

Prevent the state or a governmental entity from providing, either directly or through a person not seeking protection under this article, any benefit or service authorized under state law.

(c)

This act shall apply to, and in cases of conflict shall supersede, any other statute, rule or regulation that infringes upon the free exercise of religious beliefs and moral convictions protected by this article, unless a conflicting statute is expressly made exempt from the application of this article. This act shall apply to and supersede any ordinance, rule, regulation, order, opinion, decision, practice or other exercise of the state's and each governmental entity's authority that infringes on the free exercise of religious beliefs protected by this article.

Section 3.

W.S. 1
‑
39
‑
104(a) is amended to read:

1
‑
39
‑
104.

Granting immunity from tort liability; liability on contracts; exceptions.

(a)

A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1
‑
39
‑
105 through 1
‑
39
‑
112
,

and
1
‑
39
‑
122
and 1
‑
39
‑
123
through 1
‑
39
‑
124
. Any immunity in actions based on a contract entered into by a governmental entity is waived except to the extent provided by the contract if the contract was within the powers granted to the entity and was properly executed and except as provided in W.S. 1
‑
39
‑
120(b). The claims procedures of W.S. 1
‑
39
‑
113 apply to contractual claims against governmental entities.

Section 4
.

This act is effective July 1, 2025
.

(END)

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HB0149