(a) As used in this section:(1) “Discriminatory action” means any action taken by state government to:(A) Alter in any way the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation of a person whom the state government places custody of a foster or preadoptive child with;(B) Disallow, deny, or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by a person whom the state government places custody of a foster or preadoptive child with;(C) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to a person whom the state government places custody of a foster or preadoptive child with;(D) Withhold, reduce, exclude, terminate, adversely alter the terms or conditions of, or otherwise make unavailable or deny any entitlement or benefit under a state benefit program from or to a person whom the state government places custody of a foster or preadoptive child with;(E) Impose, levy, or assess a monetary fine, fee, penalty, damages award, or injunction on a person whom the state government places custody of a foster or preadoptive child with;(F) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any license, certification, accreditation, custody award or agreement, diploma, grade, recognition, or other similar benefit, position, or status from or to a person whom the state government places custody of a foster or preadoptive child with; or(G) Refuse to hire or promote, force to resign, fire, demote, sanction, discipline, adversely alter the terms or conditions of employment, or retaliate or take other adverse employment action against a person whom the state government places custody of a foster or preadoptive child with and who is employed or commissioned by the state government; and(2) “State government” means:(A) The state or a political subdivision of the state, including without limitation a court;(B) Any agency of the state or an agency of a political subdivision of the state, including without limitation a:(i) Board;(ii) Bureau;(iii) Commission;(iv) Council;(v) Department;(vi) Division; or(vii) Office;(C) Any city, county, local government, special district, or combination thereof;(D) Any person acting under color of state law; or(E) Any private person suing under or attempting to enforce a law, rule, or regulation adopted by the state or a political subdivision of the state.
(1) “Discriminatory action” means any action taken by state government to:(A) Alter in any way the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation of a person whom the state government places custody of a foster or preadoptive child with;(B) Disallow, deny, or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by a person whom the state government places custody of a foster or preadoptive child with;(C) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to a person whom the state government places custody of a foster or preadoptive child with;(D) Withhold, reduce, exclude, terminate, adversely alter the terms or conditions of, or otherwise make unavailable or deny any entitlement or benefit under a state benefit program from or to a person whom the state government places custody of a foster or preadoptive child with;(E) Impose, levy, or assess a monetary fine, fee, penalty, damages award, or injunction on a person whom the state government places custody of a foster or preadoptive child with;(F) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any license, certification, accreditation, custody award or agreement, diploma, grade, recognition, or other similar benefit, position, or status from or to a person whom the state government places custody of a foster or preadoptive child with; or(G) Refuse to hire or promote, force to resign, fire, demote, sanction, discipline, adversely alter the terms or conditions of employment, or retaliate or take other adverse employment action against a person whom the state government places custody of a foster or preadoptive child with and who is employed or commissioned by the state government; and
(A) Alter in any way the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation of a person whom the state government places custody of a foster or preadoptive child with;
(B) Disallow, deny, or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by a person whom the state government places custody of a foster or preadoptive child with;
(C) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to a person whom the state government places custody of a foster or preadoptive child with;
(D) Withhold, reduce, exclude, terminate, adversely alter the terms or conditions of, or otherwise make unavailable or deny any entitlement or benefit under a state benefit program from or to a person whom the state government places custody of a foster or preadoptive child with;
(E) Impose, levy, or assess a monetary fine, fee, penalty, damages award, or injunction on a person whom the state government places custody of a foster or preadoptive child with;
(F) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any license, certification, accreditation, custody award or agreement, diploma, grade, recognition, or other similar benefit, position, or status from or to a person whom the state government places custody of a foster or preadoptive child with; or
(G) Refuse to hire or promote, force to resign, fire, demote, sanction, discipline, adversely alter the terms or conditions of employment, or retaliate or take other adverse employment action against a person whom the state government places custody of a foster or preadoptive child with and who is employed or commissioned by the state government; and
(2) “State government” means:(A) The state or a political subdivision of the state, including without limitation a court;(B) Any agency of the state or an agency of a political subdivision of the state, including without limitation a:(i) Board;(ii) Bureau;(iii) Commission;(iv) Council;(v) Department;(vi) Division; or(vii) Office;(C) Any city, county, local government, special district, or combination thereof;(D) Any person acting under color of state law; or(E) Any private person suing under or attempting to enforce a law, rule, or regulation adopted by the state or a political subdivision of the state.
(A) The state or a political subdivision of the state, including without limitation a court;
(B) Any agency of the state or an agency of a political subdivision of the state, including without limitation a:(i) Board;(ii) Bureau;(iii) Commission;(iv) Council;(v) Department;(vi) Division; or(vii) Office;
(i) Board;
(ii) Bureau;
(iii) Commission;
(iv) Council;
(v) Department;
(vi) Division; or
(vii) Office;
(C) Any city, county, local government, special district, or combination thereof;
(D) Any person acting under color of state law; or
(E) Any private person suing under or attempting to enforce a law, rule, or regulation adopted by the state or a political subdivision of the state.
(b) (1) The state government shall not require any private child placement agency to perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the private child placement agency's sincerely held religious or moral beliefs.(2) (A) The state government shall not take any discriminatory action against a person whom the state government places custody of a foster or preadoptive child with, whether in whole or in part, based on the person's:(i) Sincerely held religious belief, or intent to guide, instruct, or raise a child, based upon or in a manner that is consistent with that person's sincerely held religious belief; or(ii) Refusal to accept or support any government policy regarding sexual orientation or gender identity that conflicts with the person's sincerely held religious beliefs.(B) The state government shall not establish or enforce any per se standard, rule, or policy that precludes consideration of a current or prospective foster or preadoptive parent for any particular placement based in whole or in part on the person's sincerely held religious beliefs regarding sexual orientation or gender identity.(C) Nothing in subdivision (b)(2)(A) of this section or subdivision (b)(2)(B) of this section shall:(i) Alter the fact that, in accordance with § 9-28-106, the state government may consider whether a person shares the same religious background as a foster or preadoptive child's genetic parent when considering placement of the child to prioritize placement with a person of the same religious background or, if a person with the same or similar religious background is not available, to a person of a different religious background that is knowledgeable and appreciative of the child's religious background;(ii) Preclude the state government from taking into consideration the religious or moral beliefs of a particular foster or preadoptive child, or his or her family of origin, when determining the most appropriate placement for the child, including without limitation religious or moral beliefs regarding sexual orientation and gender identity and how those beliefs relate to the religious or moral beliefs of a prospective foster or preadoptive parent; or(iii) Be construed to prohibit the state government from making, or relieving the state government from its duty to make, all individual placements consistent with the best interests of the child as otherwise required by law.(3) (A) The state government shall not take any adverse action against a person whom the state grants custody of a foster child or grants adoption of an adoptive child, or who seeks from the state custody of a foster child or adoption of an adoptive child, wholly or partially on the basis that the person guides, instructs, or raises a child, or intends to guide, instruct, or raise a child, based upon or in a manner consistent with a sincerely held religious belief.(B) However, in accordance with § 9-28-106, the state government may consider whether a person shares the same religious background as a foster or adoptive child's genetic parent or parents when considering placement of the child in order to prioritize placement of the child with a person of the same religious background or, if a person with the same or similar religious background is not available, with a person of a different religious background who is knowledgeable and appreciative of the child's religious background.
(1) The state government shall not require any private child placement agency to perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the private child placement agency's sincerely held religious or moral beliefs.
(2) (A) The state government shall not take any discriminatory action against a person whom the state government places custody of a foster or preadoptive child with, whether in whole or in part, based on the person's:(i) Sincerely held religious belief, or intent to guide, instruct, or raise a child, based upon or in a manner that is consistent with that person's sincerely held religious belief; or(ii) Refusal to accept or support any government policy regarding sexual orientation or gender identity that conflicts with the person's sincerely held religious beliefs.(B) The state government shall not establish or enforce any per se standard, rule, or policy that precludes consideration of a current or prospective foster or preadoptive parent for any particular placement based in whole or in part on the person's sincerely held religious beliefs regarding sexual orientation or gender identity.(C) Nothing in subdivision (b)(2)(A) of this section or subdivision (b)(2)(B) of this section shall:(i) Alter the fact that, in accordance with § 9-28-106, the state government may consider whether a person shares the same religious background as a foster or preadoptive child's genetic parent when considering placement of the child to prioritize placement with a person of the same religious background or, if a person with the same or similar religious background is not available, to a person of a different religious background that is knowledgeable and appreciative of the child's religious background;(ii) Preclude the state government from taking into consideration the religious or moral beliefs of a particular foster or preadoptive child, or his or her family of origin, when determining the most appropriate placement for the child, including without limitation religious or moral beliefs regarding sexual orientation and gender identity and how those beliefs relate to the religious or moral beliefs of a prospective foster or preadoptive parent; or(iii) Be construed to prohibit the state government from making, or relieving the state government from its duty to make, all individual placements consistent with the best interests of the child as otherwise required by law.
(A) The state government shall not take any discriminatory action against a person whom the state government places custody of a foster or preadoptive child with, whether in whole or in part, based on the person's:(i) Sincerely held religious belief, or intent to guide, instruct, or raise a child, based upon or in a manner that is consistent with that person's sincerely held religious belief; or(ii) Refusal to accept or support any government policy regarding sexual orientation or gender identity that conflicts with the person's sincerely held religious beliefs.
(i) Sincerely held religious belief, or intent to guide, instruct, or raise a child, based upon or in a manner that is consistent with that person's sincerely held religious belief; or
(ii) Refusal to accept or support any government policy regarding sexual orientation or gender identity that conflicts with the person's sincerely held religious beliefs.
(B) The state government shall not establish or enforce any per se standard, rule, or policy that precludes consideration of a current or prospective foster or preadoptive parent for any particular placement based in whole or in part on the person's sincerely held religious beliefs regarding sexual orientation or gender identity.
(C) Nothing in subdivision (b)(2)(A) of this section or subdivision (b)(2)(B) of this section shall:(i) Alter the fact that, in accordance with § 9-28-106, the state government may consider whether a person shares the same religious background as a foster or preadoptive child's genetic parent when considering placement of the child to prioritize placement with a person of the same religious background or, if a person with the same or similar religious background is not available, to a person of a different religious background that is knowledgeable and appreciative of the child's religious background;(ii) Preclude the state government from taking into consideration the religious or moral beliefs of a particular foster or preadoptive child, or his or her family of origin, when determining the most appropriate placement for the child, including without limitation religious or moral beliefs regarding sexual orientation and gender identity and how those beliefs relate to the religious or moral beliefs of a prospective foster or preadoptive parent; or(iii) Be construed to prohibit the state government from making, or relieving the state government from its duty to make, all individual placements consistent with the best interests of the child as otherwise required by law.
(i) Alter the fact that, in accordance with § 9-28-106, the state government may consider whether a person shares the same religious background as a foster or preadoptive child's genetic parent when considering placement of the child to prioritize placement with a person of the same religious background or, if a person with the same or similar religious background is not available, to a person of a different religious background that is knowledgeable and appreciative of the child's religious background;
(ii) Preclude the state government from taking into consideration the religious or moral beliefs of a particular foster or preadoptive child, or his or her family of origin, when determining the most appropriate placement for the child, including without limitation religious or moral beliefs regarding sexual orientation and gender identity and how those beliefs relate to the religious or moral beliefs of a prospective foster or preadoptive parent; or
(iii) Be construed to prohibit the state government from making, or relieving the state government from its duty to make, all individual placements consistent with the best interests of the child as otherwise required by law.
(3) (A) The state government shall not take any adverse action against a person whom the state grants custody of a foster child or grants adoption of an adoptive child, or who seeks from the state custody of a foster child or adoption of an adoptive child, wholly or partially on the basis that the person guides, instructs, or raises a child, or intends to guide, instruct, or raise a child, based upon or in a manner consistent with a sincerely held religious belief.(B) However, in accordance with § 9-28-106, the state government may consider whether a person shares the same religious background as a foster or adoptive child's genetic parent or parents when considering placement of the child in order to prioritize placement of the child with a person of the same religious background or, if a person with the same or similar religious background is not available, with a person of a different religious background who is knowledgeable and appreciative of the child's religious background.
(A) The state government shall not take any adverse action against a person whom the state grants custody of a foster child or grants adoption of an adoptive child, or who seeks from the state custody of a foster child or adoption of an adoptive child, wholly or partially on the basis that the person guides, instructs, or raises a child, or intends to guide, instruct, or raise a child, based upon or in a manner consistent with a sincerely held religious belief.
(B) However, in accordance with § 9-28-106, the state government may consider whether a person shares the same religious background as a foster or adoptive child's genetic parent or parents when considering placement of the child in order to prioritize placement of the child with a person of the same religious background or, if a person with the same or similar religious background is not available, with a person of a different religious background who is knowledgeable and appreciative of the child's religious background.
(c) (1) A person may assert a violation of this section as a claim against the state government in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state government, any private person, or any other party.(2) Refusal of a private child placement agency to perform, assist, counsel, recommend, consent to, refer, or participate in a child placement that violates the private child placement agency's religious or moral convictions shall not form the basis for the imposition of civil liability, other adverse administrative action, or any claim or cause of action under any state or local law.(3) Notwithstanding any other provision of law, an action under this section may be commenced, and relief may be granted, without regard to whether the person commencing the action has sought or exhausted available administrative remedies.
(1) A person may assert a violation of this section as a claim against the state government in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state government, any private person, or any other party.
(2) Refusal of a private child placement agency to perform, assist, counsel, recommend, consent to, refer, or participate in a child placement that violates the private child placement agency's religious or moral convictions shall not form the basis for the imposition of civil liability, other adverse administrative action, or any claim or cause of action under any state or local law.
(3) Notwithstanding any other provision of law, an action under this section may be commenced, and relief may be granted, without regard to whether the person commencing the action has sought or exhausted available administrative remedies.
(d) (1) Any person who successfully asserts a claim or defense under this section may recover:(A) Declaratory relief;(B) Injunctive relief to prevent or remedy a violation of this section or the effects of a violation of this section;(C) Compensatory damages;(D) Reasonable attorney's fees and costs; and(E) Any other appropriate relief.(2) Notwithstanding subsection (e) of this section, only declaratory relief and injunctive relief shall be available to recover against a private person not acting under color of state law if there is a successful assertion of a defense under this section.
(1) Any person who successfully asserts a claim or defense under this section may recover:(A) Declaratory relief;(B) Injunctive relief to prevent or remedy a violation of this section or the effects of a violation of this section;(C) Compensatory damages;(D) Reasonable attorney's fees and costs; and(E) Any other appropriate relief.
(A) Declaratory relief;
(B) Injunctive relief to prevent or remedy a violation of this section or the effects of a violation of this section;
(C) Compensatory damages;
(D) Reasonable attorney's fees and costs; and
(E) Any other appropriate relief.
(2) Notwithstanding subsection (e) of this section, only declaratory relief and injunctive relief shall be available to recover against a private person not acting under color of state law if there is a successful assertion of a defense under this section.
(e) Sovereign, governmental, and qualified immunities to suit and from liability are waived and abolished to the extent of liability created by subsection (d) of this section.
(f) (1) The protection of free exercise of religious beliefs afforded by this section are in addition to existing protections under federal law, state law, the Arkansas Constitution, and the United States Constitution.(2) Nothing in this section shall be construed to:(A) Preempt or repeal any state or local law that is equally or more protective of free exercise of religious beliefs;(B) Narrow the meaning or application of any state or local law protecting free exercise of religious beliefs; or(C) Prevent the state government from providing, either directly or through an individual or entity not seeking protection under this section, any benefit or service authorized under state law.
(1) The protection of free exercise of religious beliefs afforded by this section are in addition to existing protections under federal law, state law, the Arkansas Constitution, and the United States Constitution.
(2) Nothing in this section shall be construed to:(A) Preempt or repeal any state or local law that is equally or more protective of free exercise of religious beliefs;(B) Narrow the meaning or application of any state or local law protecting free exercise of religious beliefs; or(C) Prevent the state government from providing, either directly or through an individual or entity not seeking protection under this section, any benefit or service authorized under state law.
(A) Preempt or repeal any state or local law that is equally or more protective of free exercise of religious beliefs;
(B) Narrow the meaning or application of any state or local law protecting free exercise of religious beliefs; or
(C) Prevent the state government from providing, either directly or through an individual or entity not seeking protection under this section, any benefit or service authorized under state law.