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HB 2311

Agriculture; Oklahoma Agriculture Act of 2025; effective date.

2025 Regular Session Introduced by Kyle Hilbert

HB 2311 prohibits Kansas DCF from enforcing policies that force affirmation of sexual orientation/gender identity or block placements based on religious or moral beliefs, and allow

Second Reading referred to Rules
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Bill Summary · HB 2311

Summary — HB 2311 (2025 session, Kansas)

Title: Prohibiting the secretary from adopting and enforcing policies for placement, custody and appointment of a custodian that may conflict with sincerely held religious or moral beliefs regarding sexual orientation or gender identity; creating a right of action for violations.

Bill number / status
- HB 2311 — Enacted (Governor’s veto overridden by the Legislature; override votes recorded: House and Senate)
- Introduced: Jan 31, 2025
- Effective: upon publication in the Kansas Register (enrolled bill indicates law effective/operative date)

Purpose / intent

The bill prevents the Kansas Secretary for Children and Families (DCF Secretary) from adopting, implementing, or enforcing policies that (1) require a person to affirm or support government positions about sexual orientation or gender identity that conflict with that person’s sincerely held religious or moral beliefs, or (2) exclude otherwise-eligible persons from being considered for out‑of‑home placement, adoption, custody, appointment as a permanent or SOUL custodian, or licensure because of those beliefs or their intent to raise or instruct a child consistent with them. The stated aim (per proponents) is to expand the pool of prospective foster and adoptive providers and to protect religious freedom.

Key provisions

  • Prohibitions on DCF policy:
    • Cannot require affirmation/support of governmental policies about sexual orientation/gender identity that conflict with sincerely held religious/moral beliefs.
    • Cannot deny selection, appointment, or licensure (if otherwise eligible) on account of those beliefs or intent to guide a child consistent with them.
  • Preservation of best‑interests analysis:
    • The Secretary may consider the religious/moral beliefs of the child, the child’s biological family, and community (including beliefs about sexual orientation/gender identity) when determining placements that are in the child’s best interests.
    • The bill does not relieve the Secretary of the obligation to make placements consistent with the child’s best interests as required by law.
  • Private right of action and remedies:
    • A person aggrieved by a violation may sue and recover actual damages, injunctive relief, costs, and reasonable attorney fees from the Department for Children and Families (DCF).
    • Contractors that provide services under contract with DCF are not subject to suit; instead, the department is the defendant for actions arising from contractor conduct (the enacted text assigns liability to DCF while shielding contractors).
  • Implementation timing: the bill is to be part of and supplemental to the Kansas Revised Code for Care of Children and is effective upon publication.

Who is affected

  • Directly: Kansas Department for Children and Families (policy and placement decision‑making), prospective foster/adoptive parents and custodians (who hold religious or moral objections), and children in out‑of‑home-care placements.
  • Indirectly: DCF contractors (contractors are insulated from direct suits), courts (possible new litigation), and advocacy groups representing foster/adoptive families and LGBTQ+ communities.

Fiscal and legal implications

  • Judicial branch: The Office of Judicial Administration anticipates an increase in district court filings because the bill creates a new civil cause of action; the fiscal impact on judicial expenditures is uncertain.
  • DCF and OAG: DCF reports no direct fiscal effect; the Attorney General’s Office notes elevated litigation risk but did not estimate a fiscal impact.
  • Stakeholder positions: Supporters argued the bill protects religious freedom and increases placement options; opponents raised concerns about harms to LGBTQ+ children and the potential to undermine the “best interests of the child” standard.

Legislative history highlights

  • Introduced Jan 31, 2025; advanced through House and Senate committees with amendments (including shielding contractors from suit and refining remedies); vetoed by the Governor April 10, 2025; veto override motions prevailed in the Legislature.

Compiled from official sources — confirm details with the bill’s official record.

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