Arizona Senate Bill SB1399

Arizona 2022 Regular Session

• Introduced: 1/26/22
• Report Pass: 2/9/22
• Report Pass: 2/23/22
• Engrossed: 3/3/22
• Report Pass: 3/16/22
• Report Pass: 3/21/22
• Enrolled: 4/4/22
• Passed: 4/6/22
• Chaptered: 4/6/22

Caption

Adoption; foster care; religious discrimination

Impact

The legislation is seen as a significant shift in how Arizona handles the intersection of religious beliefs and child welfare services. Supporters argue it will benefit children by ensuring a diverse array of agencies can participate in adoption and foster care, thus potentially increasing the number of available homes for children. The bill's findings emphasize that the inclusion of faith-based organizations has historically contributed positively to these services and aligns with constitutional protections under the First Amendment regarding free exercise of religion.

Summary

Senate Bill 1399, introduced in the Arizona legislature, aims to establish a prohibition on religious discrimination within adoption and foster care services. The bill amends Title 8 of the Arizona Revised Statutes, introducing a new chapter that mandates the state government and private entities not to discriminate against individuals or organizations providing or facilitating adoption or foster care services based on their religious beliefs. This includes protections for private child placing agencies, ensuring they can operate according to their religious convictions without fear of punitive actions from the state.

Sentiment

The sentiment surrounding SB1399 appears to be divided, with advocates supporting the bill's intention to safeguard the rights of religious organizations, framing it as a necessary legal protection for faith-based agencies. Conversely, critics of the bill express concerns that allowing religious exemptions could lead to discrimination against prospective foster and adoptive parents who do not align with certain faith-based criteria, potentially limiting options for children in need of homes.

Contention

Notable points of contention in the discussions around SB1399 include debates over the implications of prioritizing religious beliefs in the state’s child welfare framework. Opponents fear that the bill might enable discrimination against non-religious individuals or those of different faiths, particularly during the child placement process. Supporters counter that the legislation does not mandate that agencies limit their service based on religion but rather allows them to operate in accordance with their beliefs while still fulfilling their professional duties.