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HB 2033

Relating to foster or adoption parents sincerely held religious or moral beliefs regarding sexual orientation or gender identity

2025 Regular Session Introduced by Adam Burkhammer and 2 co-sponsors

House Bill 2033 protects foster and adoptive parents in West Virginia from being forced to support policies on sexual orientation or gender identity that clash with their beliefs.

To House Health and Human Resources
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Bill Summary · HB 2033

Summary of House Bill 2033

Bill Number: HB 2033
Title: Relating to foster or adoption parents sincerely held religious or moral beliefs regarding sexual orientation or gender identity
Status: To House Health and Human Resources
Introduced: January 17, 2025
Classification: Bill
Subject: Domestic Relations, Juveniles

Purpose and Intent

House Bill 2033 aims to protect the rights of current and prospective adoptive or foster parents in West Virginia by ensuring that they are not required to affirm or support government policies regarding sexual orientation or gender identity that conflict with their sincerely held religious or moral beliefs. The bill seeks to prevent discrimination against these parents based on their beliefs during the foster or adoption process.

Key Provisions

The bill includes several significant provisions:

  1. Eligibility Criteria:

    • Current or prospective adoptive or foster parents cannot be required to affirm or support any government policy regarding sexual orientation or gender identity that contradicts their religious or moral beliefs as a condition for eligibility to foster or adopt.

  2. Non-Discrimination:

    • The West Virginia Department of Human Services (DHS) is prohibited from denying any authorization necessary for fostering or adopting based on the parent’s religious or moral beliefs regarding sexual orientation or gender identity.

  3. Policy Enforcement:

    • DHS cannot establish or enforce any standard or policy that would exclude a parent from consideration for a specific placement based on their beliefs. Such beliefs cannot create a presumption that a placement is contrary to the best interest of the child.

  4. Consideration of Child's Beliefs:

    • The bill allows DHS to consider the religious beliefs of a particular adoptive or foster child or their family of origin when determining the most appropriate placement for that child.

  5. Legal Protections:

    • Parents whose rights under this bill are violated may raise this section as a claim or defense in any judicial or administrative proceeding and may seek injunctive relief, compensatory damages, and reasonable attorney fees.

Impact

  • Affected Parties:

    • The bill primarily affects current and prospective foster and adoptive parents in West Virginia, particularly those whose religious or moral beliefs may conflict with state policies on sexual orientation and gender identity.
    • It also impacts the West Virginia Department of Human Services, which will need to adjust its policies and practices to comply with the new law.

  • Legal and Social Implications:

    • The bill may lead to legal challenges regarding the interpretation of "sincerely held beliefs" and how they are applied in the context of child placements.
    • It raises questions about the balance between protecting parental rights and ensuring the welfare of children in the foster care system.

Procedural Timeline

  • Introduced: January 17, 2025
  • Referred to Committee on Health and Human Resources: January 22, 2025
  • Hearing Dates: Multiple hearings held in February 2025
  • Passed by House: February 20, 2025
  • Vetoed by Governor: April 10, 2025
  • Veto Override Motion Passed: April 10, 2025

Conclusion

House Bill 2033 is a significant piece of legislation that addresses the intersection of religious beliefs and child welfare in the context of foster care and adoption. By safeguarding the rights of parents, the bill aims to create a more inclusive environment for those wishing to foster or adopt while navigating complex issues of belief and identity.

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

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