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HB 2311

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 and creating a right of action for violations.

2025-2026 Regular Session

Allows individuals to sue the Department for Children and Families if policies or actions conflict with their religious or moral beliefs on sexual orientation or gender identity.

Law effective May 1, 2025
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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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