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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.

Jurisdiction
North Dakota
Location
Bismarck, North Dakota

Abuses documented

Actors

On April 22, 2003, North Dakota Governor John Hoeven signed Senate Bill 2188 into law, enacting a new provision of the North Dakota Century Code (N.D.C.C. § 50-12-07.1) that bars the state from denying, revoking, or refusing to renew a license, grant, or contract to a child-placing agency solely because the agency declines to facilitate adoption or foster-care placements that conflict with its sincerely held religious beliefs or moral convictions. The bill was filed with the Secretary of State on the same day.

The measure moved through the 58th North Dakota Legislative Assembly during the 2003 regular session. The Senate passed it 45–2 on January 27 on second reading; the House passed it 72–18 on March 30 after amending it in committee. A conference committee resolved the differences, and the Senate adopted the conference report 41–3 on April 10 and the House adopted it on April 13. The bill was signed by the Senate President on April 15, the House Speaker on April 16, and transmitted to the Governor on April 17 before Hoeven signed it on April 22.

The law amended chapter 50-12 of the North Dakota Century Code, which governs the licensure of child-placing agencies in the state. Under the new section 50-12-07.1, a child-placing agency that refuses an adoption or foster-care placement because it conflicts with the agency's religious doctrine or moral convictions retains its state license and remains eligible for public grants and contracts. Prospective parents— including same-sex couples and others whose family structure or personal beliefs conflict with an agency's tenets—may be turned away from state-licensed services without recourse. North Dakota was among the earliest states to codify such a religious exemption for adoption and foster-care agencies, establishing a legislative model that Alabama (2017), Texas (2017), Oklahoma (2018), Tennessee (2020), and Idaho (2024) would later replicate.

Why we recorded this

Equal protection of families requires that state-licensed services operate without religious screening of prospective parents. North Dakota enacted SB 2188 to shield child-placing agencies from licensing consequences when they refuse adoption or foster-care placements on religious or moral grounds, enabling state-backed discrimination against families whose relationships or beliefs conflict with agency doctrine. This archive records when states extend government sanction to discriminatory gatekeeping in family services.

Sources

  1. SB 2188 - Actions | North Dakota Legislative Branch — North Dakota Legislative Branch primary accessed July 21, 2026
  2. SB 2188 - Overview — North Dakota Legislative Branch primary accessed July 21, 2026
  3. SB 2188 - Enrolled Bill Text — North Dakota Legislative Branch primary accessed July 21, 2026
  4. North Dakota Snapshot — Family Equality Council secondary accessed July 21, 2026

See also