The governor of Kansas has vetoed a bill that would ensure religious liberty for foster families and prospective foster families, as other states have prevented religious Americans from serving as foster parents due to their views on gender and sexuality.
Kansas’ Democratic Gov. Laura Kelly vetoed House Bill 2311, a measure to prohibit requiring prospective foster families to adhere to LGBT ideology.
In her veto message on Monday, Kelly said, “The top priority of the Kansas Department of Children and Families should be adhering to the ‘best interest of the child’ standard. Legislation like this detracts from this standard and stands in the way of best serving those in the child welfare system.”
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“Children in need of care already face unique and complex challenges. I will not sign legislation that could further complicate their lives,” she added. “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.”
House Bill 2311 would prohibit the state from requiring “a person to affirm, accept or support any governmental policy regarding sexual orientation or gender identity that may conflict with the person’s sincerely held moral or religious beliefs” as a condition for serving as a foster parent in the state.
The measure also bans the state from “selection, appointment or licensure, if otherwise eligible, of a person because of such person’s sincerely held religious or moral beliefs regarding sexual orientation or gender identity or intent to guide or instruct a child consistent with such beliefs.” It includes a right of action for any prospective foster parent who feels they were denied the opportunity to serve as a foster parent in violation of the legislation.
Greg Chafuen, senior counsel at the religiously liberty-focused law firm Alliance Defending Freedom, expressed disappointment about Kelly’s rejection of the legislation in a statement on Monday. “Every child deserves a loving home that can provide them stability and opportunities to grow,” wrote Chafuen.
Chafuen added, “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. HB 2311 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,” Chafuen insisted. “We hope that the Kansas Legislature will prioritize the state’s children and promptly override this veto.”
As Chafuen alluded to in his comment about Kelly’s veto, foster families in other states have had adverse action taken against them by their respective states over their refusal to embrace aspects of LGBT ideology. Last year, two couples residing in Vermont sued the state after their licenses to serve as foster parents failed to be renewed due to their deeply held religious beliefs.
Another Christian couple living in Vermont filed a separate lawsuit last year after they were informed by the state’s Department of Children and Families that because “they will not foster a [transgender-identified] child and discuss they/them pronouns with [a] child, then [the department does not] know how [it] can move forward with fostering given the inability to predict any foster child’s journey with their own identity.”
In 2023, a Massachusetts couple filed a lawsuit against the state after they were denied the ability to serve as foster parents because they “would not be affirming to a child who identified as LGBTQIA.”
Kelly’s veto of the legislation follows its approval by an overwhelming majority of both chambers of the Republican-controlled legislature, far exceeding the two-thirds threshold needed to override a gubernatorial veto. The Republican-controlled Kansas House of Representatives approved the bill in an 86-37 vote, with all support for the measure coming from Republicans and most opposition coming from Democrats. One House Republican joined Democrats in voting against it.
In the Republican-controlled Kansas Senate, the measure passed 31-9. All Republicans voted in favor of it, while all Democrats opposed it.
Ryan Foley is a reporter for The Christian Post. He can be reached at: ryan.foley@christianpost.com
