42-7-202. Discriminatory acts prohibited in adoption or foster care services. (1) The state government may not take a discriminatory action against a person that advertises, provides, or facilitates adoption or foster care services wholly or partially on the basis that the person:

(a) has provided or declines to provide an adoption or foster care service or related service based on or in a manner consistent with the person's sincerely held religious belief; or

(b) maintains policies and procedures in accordance with the person's sincerely held religious belief.

(2) (a) Except as provided in subsection (2)(b), the state government may not take a discriminatory action against a person whom the state grants custody of a foster or adoptive child or who seeks from the state the custody of a foster or 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 on or in a manner consistent with the person's sincerely held religious belief.

(b) The state government may consider whether a person shares the same religion or faith tradition as a foster or adoptive child when considering placement of the child in order to prioritize placement with a person of the same religion or faith tradition.