ARS § 8-921

8-921 - Prohibition on religious discrimination; adoption services and foster care services; enforcement; remedies; definitions 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 proceeding to enforce this section, a prevailing party who establishes a violation of this section shall recover reasonable attorney fees. F. A person may assert a violation of this section as an action or proceeding against the state government except a court in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding whether the action or proceeding is brought by or in the name of the state government or another party. G. A person may assert an actual or threatened violation of this section as a claim against the state government except a court or as a defense in a judicial or administrative proceeding and may obtain compensatory damages, injunctive relief, declaratory relief or other appropriate relief. A person shall bring a claim for a violation of this section not later than two years after the day the cause of action accrues. H. This chapter applies to all state and local laws and ordinances and the implementation of those laws and ordinances, whether statutory or otherwise, and whether adopted before or after September 24, 2022. I. For the purposes of this section: 1. "Adoption or adoption services" or "foster care or foster care services" means social services that are provided to or on behalf of children, including: (a) Promoting foster parenting. (b) Providing foster homes, residential care, group homes or temporary group shelters for children. (c) Recruiting foster parents. (d) Placing children in foster homes. (e) Licensing or certifying foster homes. (f) Promoting adoption or recruiting adoptive parents. (g) Assisting adoptions or supporting adoptive families. (h) Performing or assisting home studies. (i) Assisting kinship foster care or kinship foster care parents. (j) Providing family preservation services. (k) Providing family support services. (l) Providing temporary family reunification services. 2. "Contractor" means a person that: (a) Advertises, provides or facilitates adoption or adoption services. (b) Advertises, provides or facilitates foster care or foster care services. (c) Contracts with this state to provide educational training for adopted or foster care children and parents. 3. "Discriminatory action" means an action taken by state government to do any of the following on the basis of a person's religious belief or exercise of religion: (a) Alter 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. (b) Disallow, deny or otherwise make unavailable a deduction for state tax purposes of any charitable contribution that is made to or by a person. (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. (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. (e) Impose, levy or assess a monetary fine, a fee, a penalty, damages or an injunction. (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. (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 who is employed or commissioned by state government if the person that is the subject of the adverse employment action has first given notice to their employer of their religious objection. 4. "Person" means: (a) A natural person, in his or her individual capacity, or in his or her capacity as a member, officer, owner, volunteer, employee, manager, religious leader, clergy or minister of any entity described in this paragraph. (b) A religious organization. (c) A sole proprietorship, partnership, trust, closely held corporation or other closely held entity. (d) A cooperative, venture or enterprise that is composed of two or more individuals or entities described in this paragraph, regardless of nonprofit or for-profit status. 5. "Religious organization" means: (a) A house of worship, church, synagogue, shrine, mosque or temple. (b) A religious group, corporation, association, school or educational institution, ministry, order or society or a similar entity, regardless of whether it is integrated or affiliated with a church or other house of worship. (c) An officer, owner, employee, manager, religious leader, clergy or minister of an entity or organization described in this subsection. 6. "State benefit program" means any program that is administered, controlled or funded by this State or by any agent on behalf of this State and that provides cash, payments, grants, contracts, loans or in-kind assistance. 7. "State government" means: (a) This State or a political subdivision of this State. (b) Any agency of this State or a political subdivision of this State, including a department, bureau, board, commission, council or court. (c) Any person who acts under color of state law.