Kansas governor vetoes bill to protect religious liberty of adoptive parents on gender issues
Kansas Capitol. / Credit: Gino Santa Maria/Shutterstock Washington, D.C. Newsroom, Apr 8, 2025 / 16:12 pm (CNA).
Kansas Gov. Laura Kelly on Monday vetoed legislation that would have protected the religious liberty of adoptive parents and faith-based adoption centers on issues related to gender identity and sexual orientation.
The bill, which passed the state Senate 31-9 and the House 84-38, would have prohibited the Kansas Department for Children and Families from enacting policies that require a prospective adoptive parent or foster parent to first affirm support for gender ideology and homosexuality if they want to qualify to adopt or foster children.
The vetoed bill would have ensured a person could not be denied a license to adopt or foster children and could not be refused selection for adopting or fostering children because he or she holds “sincerely held religious or moral beliefs” that conflict with the state government’s ideology on those subjects.
The bill would have still allowed the state to consider an adoptive or foster parent’s beliefs on those subjects for the placement of a specific minor who identifies as transgender or has same-sex attraction, but it would have prevented a blanket ban on people with those beliefs adopting or fostering children.
Kelly, who is a Democrat, said in a statement that the bill would have interfered with children’s welfare.
“The top priority of the Kansas Department for Children and Families should be adhering to the ‘best interest of the child’ standard,” she said. “Legislation like this detracts from this standard and stands in the way of best serving those in the child welfare system.”
Kelly said she was also concerned the bill could subject the state to “frivolous lawsuits,” which would take away “time and resources” from adoptive care and foster care services.
“Children in need of care already face unique and complex challenges,” Kelly added. “I will not sign legislation that could further complicate their lives.”
Republican lawmakers could have the votes to override the veto, which requires a two-thirds vote by both chambers of the Legislature. The party holds an 88-37 supermajority in the House and a 31-9 supermajority in the Senate.
Senate President Ty Masterson and House Speaker Dan Hawkins, both Republicans, released a joint statement suggesting they may take that action, asserting that “this veto cannot stand” and arguing that the proposed law reinforces the First Amendment’s guarantee that every person is free to exercise his or her religious beliefs.
“Our foster care system depends on strong and stable families to care for the children in our system,” they said.
“The last thing any administration should be doing is discriminating against qualified families due to their religious or moral beliefs. It’s perplexing that the governor would choose to veto legislation that would ensure First Amendment protections extend to foster parents.”
Concerning national trends
In recent years, some states have enacted policies that force prospective adoptive and foster parents to agree that they will affirm a child’s transgender identity or same-sex attraction as a condition to adopt or foster any children, even if they would be adopting or fostering a child who has never indicated that he or she identifies as transgender or has same-sex attraction.
Two families in Vermont, who are represented by the legal group Alliance Defending Freedom (ADF), filed a lawsuit against the state after their licenses to foster children were revoked because they refused to agree to a policy that would have required them to affirm a child’s transgender “gender identity” or same-sex attraction.
Neither of those families had fostered any children who identified themselves as transgender or had same-sex attraction when their licenses were revoked.
In Oregon, a mother of five who is also represented by ADF is fighting a lawsuit after she was denied the opportunity to foster any children for the same reason. In that state, a prospective foster parent must also agree to support a child’s transgender identity or same-sex attraction to receive a certification.
ADF Senior Counsel Greg Chafuen issued a statement expressing concern over Kelly’s veto and “hope that the Kansas Legislature will prioritize the state’s children and promptly override this veto.”
“Kelly’s disappointing veto … 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,” Chafuen added.
Chafuen said the proposed law “would help children benefit from as many adoption and foster care agencies as possible, both faith-based and non-faith-based,” and that an override of the 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.”
“Every child deserves a loving home that can provide them stability and opportunities to grow,” Chafuen added.
