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.

On April 10, 2025, the Kansas Legislature overrode Governor Laura Kelly's veto to enact House Bill 2311, a foster-care religious-exemption measure. The law bars the Kansas Department for Children and Families from adopting or enforcing any placement, custody, or licensing policy that conflicts with a prospective foster or adoptive caregiver's "sincerely held religious or moral beliefs," including beliefs regarding sexual orientation and gender identity, and it creates a private civil right of action letting caregivers sue the agency for damages and attorney fees.

The Kansas House overrode the veto 87-38 and the Senate 31-9 on the same day, clearing the two-thirds threshold in both chambers. The measure took effect on publication, with its enforcement provisions operative from July 1, 2025. Supporters framed the bill as protecting the religious liberty of foster and adoptive families; opponents, including child-welfare advocates, warned that it endangers the placement stability and affirmation of LGBTQ+ foster youth by allowing caregivers' objections to override the agency's non-discrimination standards.

Civil-rights protections exist so that government does not disadvantage people based on identity. Kansas enacted a law barring its foster-care agency from enforcing placement policies that conflict with a caregiver's religious or moral objections to a child's sexual orientation or gender identity, and gave caregivers a right to sue the agency for applying non-discrimination standards. This records a state building religious exemptions into child-welfare policy in a way that subordinates the placement and affirmation interests of LGBTQ+ foster youth to caregivers' beliefs.

  1. Kansas HB2311 (2025) - Regular SessionLegiScan primary accessed July 12, 2026
  2. HB 2311 - Bills and ResolutionsKansas State Legislature primary accessed July 12, 2026
  3. Kansas LGBTQ+ foster kids' rights in jeopardy under new law protecting religious parentsKansas Reflector secondary accessed July 12, 2026
  4. Veto override: Kansas law will guard adoptive parents' religious libertyCatholic World Report secondary accessed July 12, 2026