KS GOP Plans Veto Override To Prevent Religious Discrimination

Christians, who are at risk of exclusion from fostering and adoption in several other states due to their beliefs about marriage and sex, have another shot at protection in Kansas thanks to Republicans who plan to override a recent veto from Democrat Gov. Laura Kelly.

The Adoption Conscience Act, which Kelly rejected on Monday, aims to preemptively protect families “with sincerely held religious or moral beliefs regarding sexual orientation or gender identity” from discrimination by the state’s authority on adoption and fostering.

HB 2311 not only explicitly prohibits the state’s children and family secretary from “adopting or enforcing” policies that would unfairly cut Christians out of the state child care system, but also creates a legal right for those families to seek “damages, injunctive relief, costs and reasonable attorney fees” from the Kansas Department for Children and Family if it violates that provision.

The Act passed both Republican-controlled chambers of the state legislature with little issue. It was only after the legislation landed on Kelly’s desk that it faced a veto for allegedly “Interfering in Children’s Welfare.”

“Legislation like this detracts from this standard and stands in the way of best serving those in the child welfare system. Children in need of care already face unique and complex challenges,” Kelly claimed in a news release. “I will not sign legislation that could further complicate their lives. I also have concerns that this bill could expose the state to frivolous lawsuits and hinder the agency by taking time and resources away from critical services.”

Kelly attempted to frame the bill as unnecessary and even harmful. In states where protections for religious fostering and adopting families are lacking such as Oregon, New York, and Vermont, however, those families have faced unfair exclusion.

House Speaker Dan Hawkins and Senate President Ty Masterson said in a joint statement that they found it “perplexing” that the governor tried to hamper “First Amendment protections” for foster and adoption families.

“Our foster care system depends on strong and stable families to care for the children in our system,” the statement continued. “The last thing any administration should be doing is discriminating against qualified families due to their religious and moral beliefs.”

They promised that “because we need a stable and sensible foster care system that welcomes all qualified families, this veto cannot stand.”

Several organizations, including Kansas Family Voice and Alliance Defending Freedom, urged the Republicans to follow through on that promise.

“H.B. 2311 is a simple bill that upholds the best interest of the child, while ensuring that families’ beliefs are not violated in the process,” Kansas Family Voice said in a statement. “We call on the House and Senate to override this veto immediately upon their return to Topeka!”

“Every child deserves a loving home that can provide them stability and opportunities to grow,” ADF Senior Counsel Greg Chafuen affirmed. “Gov. Kelly’s disappointing veto of HB 2311 puts politics over people, excluding caring families and faith-based adoption and foster care organizations from helping children find loving homes—just like we’ve seen in other states that don’t have this protection.”

According to Chafuen, the vetoed bill “would help children benefit from as many adoption and foster care agencies as possible, both faith-based and non-faith-based.”

“Overriding this veto would mean that more families can open their hearts and homes to children in need of a safe and loving environment—that’s keeping kids first,” he continued. “We hope that the Kansas Legislature will prioritize the state’s children and promptly override this veto.”

Jordan Boyd is a staff writer at The Federalist and producer of The Federalist Radio Hour. Her work has also been featured in The Daily Wire, Fox News, and RealClearPolitics. Jordan graduated from Baylor University where she majored in political science and minored in journalism. Follow her on X @jordanboydtx.