Religious exemption enabling discrimination
Religious exemption enabling discrimination is a religious or moral-belief exemption that lets a government actor, licensee, or government-funded provider withhold otherwise-required service, benefits, or compliance from people based on a different protected characteristic -- most often sexual orientation or gender identity. Concrete forms include foster and adoption agencies refusing placements to LGBTQ families, health providers and insurers refusing gender-transition or reproductive care, and licensing shields that protect belief-based refusals from professional discipline. The exemption itself is not the abuse when it protects religious practice without displacing another person's legal protections; it becomes one when religious liberty is used as the vehicle to reopen discrimination anti-discrimination law was built to close.
2026 Events (1)
Utah Gov. Cox signed S.B. 174, letting health care providers refuse treatment on religious or moral grounds
On March 25, 2026, Utah Gov. Spencer Cox signed S.B. 174, the "Exercise of Religious Beliefs and Conscience Amendments," sponsored by Sen. Keven Stratton (R-Orem). The law permits health care providers to decline non-emergency treatments or services that conflict with their religious or moral beliefs, requiring them only to notify the Utah Department of Health and Human Services and post notice. Public-health groups and LGBTQ advocates warned it could create barriers to vaccine, reproductive, and LGBTQ-related care.
2025 Events (6)
Oklahoma Gov. Stitt signed SB658 barring denial of foster or adoptive applicants over beliefs about sexual orientation and gender identity
On May 13, 2025, Oklahoma Gov. Kevin Stitt signed Senate Bill 658, which bars the Oklahoma Department of Human Services from denying a prospective foster or adoptive parent on the basis of the applicant's religious or moral beliefs about sexual orientation and gender identity, and prohibits DHS from requiring applicants to affirm state positions on those subjects as a condition of approval. The measure, sponsored by Sen. Julie Daniels, took effect November 1, 2025. Advocates for LGBTQ youth warned that it legitimizes belief-based refusal to support affirming placements within the state child-welfare system.
Montana Gov. Gianforte signed HB655, letting foster and adoption agencies opt out of LGBTQ+-inclusive training on religious grounds
On May 1, 2025, Montana Gov. Greg Gianforte signed HB655 into law, prohibiting state agencies and foster or adoptive-placement entities from taking discriminatory action against foster and adoptive parents who decline, on religious grounds, to affirm LGBTQ+-inclusive training, policies, or a child's gender identity or sexual orientation. The bill passed the Montana House 59-40 and Senate 29-19 before Gianforte signed it into law.
Arkansas Gov. Sanders signed Act 970, letting providers and insurers refuse gender-transition and other care on conscience grounds
On April 21, 2025, Arkansas Gov. Sarah Huckabee Sanders signed SB444, enacted as Act 970 of 2025, amending the state's 2021 Medical Ethics and Diversity Act to broaden conscience-based refusal rights in health care. The amendment newly extends the right to decline to participate in health care services to insurers alongside practitioners and institutions, and protects refusing to take part in gender-transition procedures, abortion, assisted suicide, or any service that violates a conscience. It also lets religious health care institutions make staffing and privileging decisions consistent with their religious beliefs.
Arkansas enacted Act 677 shielding government workers and licensed professionals who refuse duties over religious beliefs about marriage or sex
On April 16, 2025, Arkansas enacted Act 677 (HB1615), the "religious nondiscrimination" law, signed by Gov. Sarah Huckabee Sanders. The statute bars the state from denying licenses, certifications, contracts, or employment consequences to individuals and organizations that decline to provide services conflicting with a "sincerely held religious belief, including a belief about biological sex or marriage," and expressly permits government employees authorized to license or solemnize marriages to recuse themselves on that basis. Civil-rights advocates say it authorizes identity-based refusals of public services and licensed professional care to LGBTQ+ Arkansans.
Arkansas Gov. Sanders signed the Keep Kids First Act, letting faith-based foster and adoption agencies refuse LGBTQ prospective parents
On April 10, 2025, Arkansas Gov. Sarah Huckabee Sanders signed House Bill 1669, the "Keep Kids First Act" (Act 509 of 2025), barring the state from requiring faith-based adoption and foster-care providers to make placements that conflict with their sincerely held religious or moral beliefs. The law also prohibits the state from penalizing a provider for considering prospective parents based on the provider's religious beliefs about sexual orientation or gender identity. In effect, it lets state-contracted agencies decline to place children with same-sex couples and LGBTQ prospective foster and adoptive parents.
Kansas Legislature overrode Gov. Kelly's veto to enact HB2311, letting foster caregivers' religious beliefs override placement policy
On April 10, 2025, the Kansas Legislature overrode Governor Laura Kelly's veto to enact HB2311, barring the state's foster-care agency from adopting or enforcing placement policies that conflict with a prospective caregiver's sincerely held religious or moral beliefs about sexual orientation or gender identity. The law creates a private right of action allowing caregivers to sue the Department for Children and Families for damages and attorney fees. The House overrode 87-38 and the Senate 31-9 the same day, with enforcement provisions effective July 1, 2025.
2024 Events (2)
Idaho Gov. Little signed HB 578 shielding faith-based adoption and foster agencies that refuse service
On March 25, 2024, Idaho Governor Brad Little signed House Bill 578, enacting Idaho Code section 16-1648 to bar the state and its subdivisions from taking discriminatory action against adoption or foster-care agencies or individuals who decline to provide a service based on a sincerely held religious belief. The law, effective July 1, 2024, created a private right of action with damages and attorney's fees against the state. Committee testimony warned the shield could enable discrimination against prospective foster and adoptive parents based on sexual orientation.
Idaho Gov. Little signed law shielding counselors' belief-based service refusals from licensing discipline
On March 21, 2024, Idaho Governor Brad Little signed Senate Bill 1352, enacting Idaho Code section 54-3416, which lets licensed counselors and marriage-and-family therapists decline to provide counseling that supports goals, outcomes, or behaviors conflicting with their sincerely held religious, moral, or ethical principles. The law immunizes such refusals from civil suit, criminal prosecution, and professional-licensing-board discipline. It passed the Senate 23-11 and the House 59-10, became Session Law Chapter 152, and took effect July 1, 2024.
2023 Events (1)
Arkansas enacted the Conscience Protection Act, Act 733, shielding religious refusals from state penalties
On April 12, 2023, Gov. Sarah Huckabee Sanders signed House Bill 1615 into law as Act 733 of the 2023 Regular Session, the "Conscience Protection Act." The law amends Arkansas's Religious Freedom Restoration Act to shift the burden of proof onto government and mandate broad construction favoring religious exercise, and it creates a new subchapter barring state government from adverse action — denying tax exemptions, grants, contracts, licenses, certifications, or employment benefits — against a person, business, or religious organization because of a sincerely held religious belief "including a belief about biological sex or marriage." Supporters framed it as a religious-freedom protection, while LGBTQ+ advocates warned it authorizes identity-based refusals shielded from state consequence.
2021 Events (1)
Ohio Gov. DeWine signed HB 110 budget rider letting medical providers refuse care on moral or religious grounds
On June 30, 2021, Ohio Gov. Mike DeWine signed House Bill 110, the state's FY2022-2023 operating budget, into law, retaining a last-minute rider -- Amendment SC3909, the "Medical Practitioner Conscience" clause -- that lets any health care practitioner, institution, or payer refuse to perform or pay for a service that conflicts with their moral, ethical, or religious beliefs, with immunity from liability. DeWine declined to line-item veto the provision despite public pressure from LGBTQ+ and reproductive-rights groups, who said the facially neutral clause functions as a license to deny care, including gender-affirming treatment, to LGBTQ+ patients.
2018 Events (1)
Oklahoma Gov. Fallin signed SB 1140, shielding religious-exemption foster and adoption agencies
On May 11, 2018, Oklahoma Governor Mary Fallin signed Senate Bill 1140, allowing private, state-licensed child-placement agencies to decline foster-care or adoption placements, counseling, or referrals that conflict with the agency's written religious or moral convictions. The bill passed the Senate 33-7 and the House 56-21 before Fallin's signature. LGBTQ+ advocacy groups, including Oklahomans for Equality and the ACLU of Oklahoma, said the law licenses agencies to turn away qualified prospective parents.
2017 Events (2)
Texas Gov. Abbott signed HB 3859, shielding faith-based child welfare providers that refuse LGBTQ placements
Texas Gov. Greg Abbott signed HB 3859 on June 15, 2017, creating Human Resources Code Chapter 45 to bar the state and government-contracted child-placement entities from penalizing a child welfare services provider that declines, on religious grounds, to provide or facilitate services including placements, contraception/abortion referrals, or contracts inconsistent with its beliefs. The law exempts race, ethnicity, and national origin from the refusal but includes no equivalent carve-out for sexual orientation or gender identity, letting state-funded, state-licensed faith-based foster and adoption agencies decline to place children with same-sex couples, LGBTQ individuals, or people of other faiths.
Alabama Gov. Ivey signed HB24, shielding religious-exemption adoption and foster agencies
On May 3, 2017, Alabama Governor Kay Ivey signed House Bill 24, the "Child Placing Agency Inclusion Act" (Act No. 2017-213), barring the state from withholding a license, contract, or funding from a private, state-licensed child-placing agency that declines -- on religious grounds -- to provide a placement or other service conflicting with its written religious beliefs. The protection applies only to agencies that do not accept state or federal funds. Advocacy groups including the Human Rights Campaign and ACLU of Alabama said the law's practical effect is to let faith-based agencies turn away qualified prospective parents, including same-sex couples.
2016 Events (1)
Mississippi Gov. Bryant signed HB 1523, authorizing religion-based denial of service to LGBT people
On April 5, 2016, Mississippi Gov. Phil Bryant signed HB 1523, the "Protecting Freedom of Conscience from Government Discrimination Act," into law. The statute lets state employees, private businesses, religious organizations, and state-funded providers refuse services based on three specified religious beliefs about marriage, sex, and gender, shielding refusal of marriage licenses to same-sex couples and denial of services to LGBT people and unmarried people. A federal judge enjoined the law in June 2016, but the Fifth Circuit later reversed on standing grounds and it took effect on October 9, 2017.
2003 Events (1)
North Dakota Gov. Hoeven signed SB 2188, shielding child-placing agencies that refuse placements on religious or moral grounds
On April 22, 2003, North Dakota Governor John Hoeven signed Senate Bill 2188 into law, enacting N.D.C.C. § 50-12-07.1, which bars the state from denying, revoking, or refusing to renew a license, grant, or contract to a child-placing agency that declines placements conflicting with its religious beliefs or moral convictions. The bill passed the 58th North Dakota Legislative Assembly with Senate votes of 45–2 and 41–3 (conference report) and a House vote of 72–18. North Dakota became one of the earliest states to codify a religious exemption for adoption and foster-care agencies, a model later adopted by several other states.