ARIZONA 2022 Fifty-fifth Legislature - Second Regular Session
SB 1399, Chapter 115
AN ACT
Amending title 8, Arizona Revised Statutes, by adding chapter 6; relating to adoption.
Be it enacted by the Legislature of the State of Arizona:
CHAPTER 6
PROHIBITION ON RELIGIOUS DISCRIMINATION
ARTICLE 1. GENERAL PROVISIONS
8-921. Prohibition on religious discrimination; adoption services and foster care services; enforcement; remedies; definitions
A. State government or any private person who sues under or attempts to enforce a law, rule or regulation that is adopted by this state or a political subdivision of this state may not take any discriminatory action against a person that advertises, provides or facilitates adoption or adoption services or foster care or foster care services on the basis that the person has provided or declines to provide adoption or adoption services or foster care or foster care services based on or in a manner consistent with the person's religious belief or exercise of religion.
B. Notwithstanding subsection a of this section, if a contractor has a religious objection to providing services required by a contract, the contractor shall submit with their contract proposal an alternative approach to meet the services required by the contract. If the contract requires an evidence-based curriculum, the alternative approach must be evidence-based and listed on the appropriate clearinghouse. The contractor may satisfy the contract obligations by collaborating with other contractors to provide services that the contractor objects to providing based on a religious belief or exercise of religion.
C. State government or any private person who sues under or attempts to enforce a law, rule or regulation that is adopted by this state or a political subdivision of this state may not discriminate against a person to whom the state government grants custody of an adopted child or foster child on the basis that the person guides, instructs or raises a child or intends to guide, instruct or raise a child in a manner consistent with the person's religious belief or exercise of religion.
D. Notwithstanding subsection C of this section, when considering placement of a child, state government may consider whether a person shares the same religious belief or exercise of religion with an adopted child or foster child.
E. Notwithstanding any other law, an action under this section may be commenced against the state government except a court, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies. In any action or...
