Text of WY HB 149 (2025)

2025 STATE OF WYOMING 25LSO-0545 1 HB0149 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 1 AN ACT relating to children; providing legislative 2 findings; specifying protections for specified adoption and 3 foster care providers and parents; prohibiting 4 discriminatory actions associated with adoption and foster 5 care; specifying remedies and causes of action; making 6 conforming amendments; providing definitions; and providing 7 for an effective date. 8 9 Be It Enacted by the Legislature of the State of Wyoming: 10 11 Section 1. 12 13 (a) The legislature finds that: 14 2025 STATE OF WYOMING 25LSO-0545 2 HB0149 1 (i) The state seeks to place children in a safe, 2 loving and supportive home when the state is required to 3 place a child with an adoptive or foster family; 4 5 (ii) There are several adoption and foster care 6 agencies in this state that assist families with adoption 7 and foster parent placements of children; 8 9 (iii) The adoption and foster care agencies in 10 Wyoming represent diverse organizations and groups, some of 11 which are faith-based and some of which are not 12 faith-based; 13 14 (iv) Children in need of adoption and foster 15 care placement services benefit from having as many 16 adoption and foster parent agencies available as possible, 17 because the more agencies that participate in these 18 services, the greater the likelihood that children will 19 find permanent placements; 20 21 (v) The United States Supreme Court has 22 recognized the benefits of having more, not fewer, adoption 23 and foster care providers. "Maximizing the number of foster 2025 STATE OF WYOMING 25LSO-0545 3 HB0149 1 families and minimizing liability are important goals, but 2 the City fails to show that granting [Catholic Social 3 Services] an exception will put those goals at risk. If 4 anything, including [Catholic Social Services] in the 5 program seems likely to increase, not reduce, the number of 6 available foster parents." Fulton v. City of Philadelphia, 7 141 S. Ct. 1868, 1881–82 (2021); 8 9 (vi) Children and families benefit greatly from 10 the adoption and foster care services provided by 11 faith-based and nonfaith-based child placement agencies; 12 13 (vii) Faith-based organizations and groups have 14 a lengthy and distinguished history of providing adoption 15 and foster care services in Wyoming; 16 17 (viii) Private child placement agencies and 18 persons, including faith-based child placement agencies and 19 persons, have the right to free exercise of religion under 20 both the United States and Wyoming Constitutions. Under 21 well-settled principles of constitutional law, this right 22 includes the freedom to abstain from conduct that conflicts 23 with an agency's sincerely held religious beliefs; 2025 STATE OF WYOMING 25LSO-0545 4 HB0149 1 2 (ix) Ensuring that faith-based child placement 3 agencies can continue to provide adoption and foster care 4 services will benefit the children and families who receive 5 those services; 6 7 (x) The United States Constitution allows all 8 adoption and foster care providers to operate according to 9 their beliefs without fear of unjust government punishment; 10 11 (xi) In a unanimous decision, the United States 12 Supreme Court made clear that state governments violate the 13 requirements of religious neutrality when they undermine 14 religious beliefs or practices, stating that government 15 "fails to act neutrally when it proceeds in a manner 16 intolerant of religious beliefs or restricts practices 17 because of their religious nature." Fulton v. City of 18 Philadelphia, 141 S. Ct. 1868, 1877 (2021); 19 20 (xii) "The Constitution forbids laws that 21 prohibit the free exercise of religion. That guarantee 22 protects not just the right to be a religious person, 23 holding beliefs inwardly and secretly; it also protects the 2025 STATE OF WYOMING 25LSO-0545 5 HB0149 1 right to act on those beliefs outwardly and publicly." 2 Espinoza v. Mont. Dep't of Revenue, 591 U.S. 464, 510 3 (2020) (Gorsuch, J., concurring) (emphases in original); 4 5 (xiii) The United States Supreme Court has "long 6 recognized the importance of protecting religious actions, 7 not just religious status." Espinoza, 591 U.S. at 511 8 (Gorsuch, J., concurring). The "First Amendment protects 9 the 'freedom to act' as well as the 'freedom to believe.'" 10 Espinoza, 591 U.S. at 511 (Gorsuch, J., concurring) 11 (quoting Cantwell v. Connecticut, 310 U.S. 296, 303 12 (1940)); 13 14 (xiv) The government violates the Free Exercise 15 Clause whenever it "conditions receipt of an important 16 benefit upon conduct proscribed by a religious faith, or 17 where it denies such a benefit because of conduct mandated 18 by religious belief, thereby putting substantial pressure 19 on an adherent to modify his behavior to violate his 20 beliefs." Thomas v. Review Bd. of Ind. Employment Sec. 21 Div., 450 U.S. 707, 717–18 (1981). 22 2025 STATE OF WYOMING 25LSO-0545 6 HB0149 1 Section 2. W.S. 1-39-124 and 14-1-301 through 2 14-1-304 are created to read: 3 4 1-39-124. Liability; discrimination against adoption 5 and foster care providers and parents. 6 7 A governmental entity is liable for damages resulting from 8 a violation of W.S. 14-1-301 through 14-1-304 pursuant to 9 W.S. 14-1-303. 10 11 ARTICLE 3 12 ADOPTION AND FOSTER CARE PROTECTION 13 14 14-1-301. Definitions. 15 16 (a) As used in this article: 17 18 (i) "Adoption or foster care" means any social 19 service provided to or on behalf of children for adoption 20 or foster care, including: 21 22 (A) Promoting foster parenting; 23 2025 STATE OF WYOMING 25LSO-0545 7 HB0149 1 (B) Providing foster homes, residential 2 care, group homes or temporary group shelters for children; 3 4 (C) Recruiting foster parents; 5 6 (D) Placing children in foster homes; 7 8 (E) Licensing or certifying foster homes; 9 10 (F) Promoting adoption or recruiting 11 adoptive parents; 12 13 (G) Assisting adoptions or supporting 14 adoptive families; 15 16 (H) Performing or assisting home studies; 17 18 (J) Assisting kinship guardianships or 19 kinship caregivers; 20 21 (K) Providing family preservation services; 22 23 (M) Providing family support services; 2025 STATE OF WYOMING 25LSO-0545 8 HB0149 1 2 (N) Providing temporary family 3 reunification services. 4 5 (ii) "Governmental entity" means the state and 6 its agencies and political subdivisions, the University of 7 Wyoming, cities, towns and counties and their agencies, 8 instrumentalities and institutions; 9 10 (iii) "Religious organization" means one (1) or 11 more of the following: 12 13 (A) A house of worship, including churches, 14 synagogues, shrines, mosques and temples; 15 16 (B) A religious group, corporation, 17 association, school, educational institution, ministry, 18 order, society or other entity, regardless of whether the 19 entity is integrated or affiliated with a church or other 20 house of worship; 21 2025 STATE OF WYOMING 25LSO-0545 9 HB0149 1 (C) An officer, owner, employee, manager, 2 religious leader, clergy or minister of an entity or 3 organization described in this paragraph. 4 5 (iv) "State benefit program" means any program 6 administered, controlled or funded by the state or any 7 other governmental entity that provides cash, payments, 8 grants, contracts, loans or other in-kind assistance. 9 10 14-1-302. Protections for adoption agencies and 11 foster care providers and adoptive and foster parents; 12 discrimination prohibited. 13 14 (a) No governmental entity shall take any 15 discriminatory action against a person: 16 17 (i) That advertises, provides or facilitates 18 adoption or foster care, wholly or partially on the basis 19 that the person has provided or declined to provide any 20 adoption or foster care service or related service based on 21 or in a manner consistent with a sincerely held religious 22 belief; 23 2025 STATE OF WYOMING 25LSO-0545 10 HB0149 1 (ii) To whom the governmental entity grants 2 custody of a foster or adoptive child, or who seeks the 3 custody of a foster or adoptive child, wholly or partially 4 on the basis that the person guides, instructs or raises a 5 child, or intends to guide, instruct or raise a child, 6 based on or in a manner consistent with a sincerely held 7 religious belief. For purposes of this paragraph, a 8 governmental entity may consider whether a person shares 9 the same religion or faith tradition as a foster or 10 adoptive child when considering placement of the child in 11 order to prioritize placement with a person of the same 12 religion or faith tradition. 13 14 (b) No governmental entity shall take any of the 15 following discriminatory actions against any person 16 protected under subsection (a) of this section because of a 17 sincerely held religious belief: 18 19 (i) Alter in any way the tax treatment of, or 20 cause any additional tax, penalty or payment to be assessed 21 against, or deny, delay, revoke or otherwise make 22 unavailable an exemption from taxation; 23 2025 STATE OF WYOMING 25LSO-0545 11 HB0149 1 (ii) Disallow, deny or otherwise make 2 unavailable a deduction for state taxation purposes of any 3 charitable contribution made to or by a person protected 4 under subsection (a) of this section; 5 6 (iii) Withhold, reduce, exclude, terminate, 7 materially alter the terms and conditions of or otherwise 8 make unavailable or deny any state grant, contract, 9 subcontract, cooperative agreement, guarantee, loan, 10 scholarship or other similar benefit; 11 12 (iv) Withhold, reduce, exclude, terminate, 13 adversely alter the terms or conditions of or otherwise 14 make unavailable or deny any entitlement or benefit under a 15 state benefit program; 16 17 (v) Impose, levy or assess a monetary fine, fee, 18 penalty, damages award or injunction, unless otherwise 19 expressly provided by law; 20 21 (vi) Withhold, reduce, exclude, terminate, 22 materially alter the terms or conditions of or otherwise 23 make unavailable or deny any license, certification, 2025 STATE OF WYOMING 25LSO-0545 12 HB0149 1 accreditation, custody award, agreement, diploma, grade, 2 recognition or other similar benefit, position or status, 3 unless otherwise expressly provided by law; 4 5 (vii) Refuse to hire or promote, force to 6 resign, fire, demote, sanction, discipline, adversely alter 7 the terms or conditions of employment or retaliate or take 8 any other adverse employment action, if the person is 9 employed or is seeking employment with a governmental 10 entity. 11 12 (c) Except as otherwise provided by state and federal 13 law, each governmental entity shall consider a person 14 protected under subsection (a) of this section to be 15 accredited, licensed or certified as an adoptive parent or 16 foster care parent if the person would otherwise be 17 accredited, licensed or certified as an adoptive parent or 18 foster care parent under state law but for a determination 19 against the person wholly or partially on the basis that 20 the person believes, maintains policies and procedures or 21 acts in accordance with a sincerely held religious belief. 22 2025 STATE OF WYOMING 25LSO-0545 13 HB0149 1 (d) Each governmental entity shall consider any 2 person for a contract, grant or agreement related to 3 adoption or foster care if the person otherwise would be 4 considered but for a determination against the person 5 wholly or partially on the basis that the person believes, 6 maintains policies and procedures or acts in accordance 7 with a sincerely held religious belief. 8 9 14-1-303. Remedies; claims; defenses; immunity 10 waived. 11 12 (a) Any person may assert a violation of this article 13 as a claim against a governmental entity in any judicial or 14 administrative proceeding, or as a defense in any judicial 15 or administrative proceeding. 16 17 (b) Notwithstanding any other provision of law, an 18 action arising from this article may be commenced, and 19 relief may be granted, without regard to whether the person 20 commencing the action has sought or exhausted remedies 21 available under the Wyoming Administrative Procedure Act. 22 2025 STATE OF WYOMING 25LSO-0545 14 HB0149 1 (c) Any person who successfully asserts a claim or 2 defense under this article may recover: 3 4 (i) Declaratory relief; 5 6 (ii) Injunctive relief; 7 8 (iii) Compensatory damages; 9 10 (iv) Reasonable attorney fees and costs; 11 12 (v) Any other appropriate relief. 13 14 (d) For purposes of subsection (c) of this section, 15 declaratory relief and injunctive relief shall only be 16 available upon a successful assertion of a defense under 17 this article. 18 19 (e) Any action commenced under this section shall be 20 brought not later than two (2) years after the date the 21 person knew or reasonably should have known that a 22 discriminatory action was taken against a person in 23 violation of this article. 2025 STATE OF WYOMING 25LSO-0545 15 HB0149 1 2 14-1-304. Applicability. 3 4 (a) This article shall be construed in favor of a 5 broad protection of free exercise of religious beliefs, to 6 the maximum extent permitted by the constitutions of the 7 United States and Wyoming. 8 9 (b) The protection of free exercise of religious 10 beliefs afforded by this article are in addition to the 11 protections provided under federal law, state law and the 12 constitutions of the United States and Wyoming. Nothing in 13 this article shall be construed to: 14 15 (i) Preempt or repeal any state or local law 16 that is equally or more protective of the free exercise of 17 religious beliefs; 18 19 (ii) Narrow the meaning or application of any 20 state or local law protecting the free exercise of 21 religious beliefs; 22 2025 STATE OF WYOMING 25LSO-0545 16 HB0149 1 (iii) Prevent the state or a governmental entity 2 from providing, either directly or through a person not 3 seeking protection under this article, any benefit or 4 service authorized under state law. 5 6 (c) This act shall apply to, and in cases of conflict 7 shall supersede, any other statute, rule or regulation that 8 infringes upon the free exercise of religious beliefs and 9 moral convictions protected by this article, unless a 10 conflicting statute is expressly made exempt from the 11 application of this article. This act shall apply to and 12 supersede any ordinance, rule, regulation, order, opinion, 13 decision, practice or other exercise of the state's and 14 each governmental entity's authority that infringes on the 15 free exercise of religious beliefs protected by this 16 article. 17 18 Section 3. W.S. 1-39-104(a) is amended to read: 19 20 1-39-104. Granting immunity from tort liability; 21 liability on contracts; exceptions. 22 2025 STATE OF WYOMING 25LSO-0545 17 HB0149 1 (a) A governmental entity and its public employees 2 while acting within the scope of duties are granted 3 immunity from liability for any tort except as provided by 4 W.S. 1-39-105 through 1-39-112, and 1-39-122 and 1-39-123 5 through 1-39-124. Any immunity in actions based on a 6 contract entered into by a governmental entity is waived 7 except to the extent provided by the contract if the 8 contract was within the powers granted to the entity and 9 was properly executed and except as provided in W.S. 10 1-39-120(b). The claims procedures of W.S. 1-39-113 apply 11 to contractual claims against governmental entities. 12 13 Section 4. This act is effective July 1, 2025. 14 15 (END)