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 a statutory shield for religiously motivated refusals in the state's adoption and foster-care system. Codified as Idaho Code section 16-1648, "Prohibition on Religious Discrimination," and enrolled as Session Law Chapter 166, the measure took effect on July 1, 2024.

The law bars Idaho state government — including agencies, courts, licensing and certifying bodies, and political subdivisions — from taking "discriminatory action" such as tax, licensing, contracting, funding, or employment penalties against adoption or foster-care agencies or individuals who decline to provide a service based on a sincerely held religious belief. It further created a private right of action allowing those providers to sue the state for damages and attorney's fees. The bill passed the House 64-4 and the Senate 32-2 before reaching the governor's desk.

During committee hearings, opponents and some legislators raised concern that the shield could permit discrimination against prospective foster and adoptive parents, including on the basis of sexual orientation, by insulating agencies that refuse to place children with them. The measure followed the U.S. Supreme Court's 2021 decision in Fulton v. Philadelphia and mirrors religious-refusal shields enacted in other states.