South Dakota Governor Dennis Daugaard signed a bill into law on Friday that will allow religious adoption and foster care agencies the right to refuse adoption based on their sincerely held religious beliefs.

The Associated Press is reporting on the bill, known as SB 149 and signed into law on March 10, which will allow faith-based organizations to refuse to place children in certain households.

Even though LGBT groups are protesting the law and threatening to sue the state, the bill does not single out any particular group.

“A most critical consideration is that this legislation does not prohibit adoption to any classification of persons,” reads a statement by the Roman Catholic Bishops of South Dakoka. “It merely places into law what the state has practiced for decades, namely that adoption agencies such as ours who are competent and licensed be allowed to decide in consultation with families which is the best adoptive family to receive a child in accord with their mission.”

Governor Daugaard signed the bill because of concerns that private child-placement services acting in the best interests of a child could be subject to lawsuits when denying placement to someone in a “protected class” such as members of the LGBT community.

The bill will also protect religious adoption agencies from funding cuts, revoked licenses and denied contracts if the state were ever to pass laws that ban discrimination based on sexual orientation, which has happened in other states such as Massachusetts, Illinois, California and Washington DC. In these states, faith-based adoption and foster care agencies were forced to shutter their services after lawmakers passed non-discrimination laws that include sexual orientation.

The bill’s sponsor, Sen. Alan Solano, a Republican from Rapid City, told the AP he doesn’t want the same thing to happen in South Dakota.

As expected, LGBT activist groups are crying foul. Sarah Warbelow, legal director of the Human Rights Campaign, said in a statement that Daugaard’s action “signals the potential of a dark new reality for the fight for LGBTQ rights.”

Libby Skarin, policy director of ACLU South Dakota, said Daugaard’s decision shows that he cares about private agencies more than the needs of children. She told the AP that the group is already exploring legal challenges to the new law and is encouraging kids and adults who feel negative impacts to step forward.

South Dakota is not alone in its effort to protect the conscience rights of the faithful. Lawmakers in Michigan, North Dakota and Virginia have already passed religious exemption bills concerning adoption and foster care. Legislatures in Alabama, Texas and Oklahoma are currently considering similar laws.

While proponents say the new law may limit child placement in the state, opponents say it will do just the opposite.

“Solidifying the state’s long-standing recognition of the lasting impact faith-based child placement agencies have on the common good will ensure there remains adequate adoption service providers in our state,” the bishops write. “By doing so, more families can be invited to receive children in need of adoption and more children will find a safe and loving home while allowing us to continue providing this important ministry in accord with our deeply-held Catholic beliefs.”

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