Arizona Arizona Revised Statutes

§ 8-921 — Prohibition on religious discrimination; adoption services and foster care services; enforcement; remedies; definitions

ARS § 8-921Title 8. Child Safety · Ch. 6. PROHIBITION ON RELIGIOUS DISCRIMINATION · Art. 1. General Provisions

Statute text

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:

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