Court Frees Christian Mom to Adopt, Stops Oregon’s Gender Ideology Adoption Mandate
A federal appeals court has upheld Christian parents’ right to adopt children from the foster care system, rejecting Oregon’s unconstitutional “gender ideology” mandate for adoption.
On Thursday, the Ninth U.S. Circuit Court of Appeals ruled in favor of Jessica Bates, allowing her to begin the process of adopting siblings from foster care without violating her Christian beliefs on sexuality while her case proceeds.
Jessica is a widowed mother of five who lives in Oregon. When Jessica heard a radio program discussing adoption, she felt moved to get involved and help children in need. So, Jessica began the application process in 2022.
However, the Oregon Department of Human Services (ODHS) requires adoptive parents to accept state-approved beliefs on homosexuality and transgenderism. ODHS stipulates that prospective adoptive parents must “accept” and “support” any adopted child’s declared sexual orientation and “gender identity.”
According to Jessica’s attorneys with Alliance Defending Freedom (ADF), “This means parents must agree to use a child’s preferred pronouns, take children to LGBT events like Pride parades, and facilitate a child’s access to dangerous pharmaceutical interventions like puberty blockers and hormone shots that can potentially sterilize a child.”
Because Jessica refused to affirm the state’s approved narrative on LGBT issues, thus violating her faith, ODHS denied her application to foster or adopt, discriminating against her religious views.
Jessica’s attorneys filed a federal lawsuit on her behalf in April 2023.
You can learn more about Jessica’s story below:
The Ninth Circuit opinion was authored by Judge Daniel Bress, a nominee of President Donald J. Trump, who was joined by Judge Michael Hawkins, a nominee of former President Bill Clinton.
Judge Richard Clifton, a nominee of former President George W. Bush, dissented from the court’s decision.
“The Oregon Department of Human Services requires that prospective parents applying to adopt children from foster care must agree to ‘respect, accept, and support’ the children’s sexual orientation, gender identity, and gender expression,” Judge Bress assessed.
“The state denied Jessica Bates’s application under this policy after Bates, based on her sincerely held religious beliefs, objected to using adopted children’s preferred pronouns or taking them to medical appointments for gender transitions.”
Judge Bress announced,
The ruling marks the first time a federal appellate court has weighed in on states’ attempts to restrict the right of Christians to adopt or foster children.
“Every child deserves a loving home, and children suffer when the government excludes people of faith from the adoption and foster system,” said ADF Senior Counsel and Vice President of Litigation Strategy Jonathan Scruggs in a statement.
“Jessica is a caring mom of five who is now free to adopt after Oregon officials excluded her because of her common-sense belief that a girl cannot become a boy or vice versa.”
Scruggs added,
As a rising number of states attempt to ban sincere Christian believers from adopting or participating in the foster care system, cases like this will become increasingly important.
We thank Jessica Bates for her bold and brave Christian witness, and for standing up for her First Amendment right to care for children in need.
The case is Bates v. Pakseresht.
To speak with a family help specialist or request resources, please call us at 1-800-A-FAMILY (232-6459).
Through Wait No More’s Suitcase Bundle ministry, children in foster care are provided their own suitcase – for their belongings – as well as a teddy bear, handwritten letter and age-appropriate Bible. The suitcase bundle is a simple way to offer dignity, comfort and hope to children in scary, lonely situations.
Related articles and resources:
Transforming Lives Through Foster Care
What You Can Do to Help Kids in Foster Care
Changing the World Through Adoption
When Government is Hostile to Christian Foster Parents
First Lady Welcomes Foster and Adoptive Families to the White House
Arkansas & Kansas Enact Protections for Faith-Based Adoption, Foster Care
States Exclude Christian Parents From Foster Care
Photo from Alliance Defending Freedom.
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