Alliance Defending Freedom

A Christian mother in Oregon will be able to pursue adoption from the state’s foster care system without being required to express views about sexuality and gender that conflict with her religious beliefs, bringing a three-year legal battle to a close.

Jessica Bates, a widowed mother of five, settled with the Oregon Department of Human Services and other state officials after suing over requirements for prospective adoptive parents. Under the agreement, Oregon cannot deny Bates’ application because she believes sexual relationships should be reserved for marriage between a man and a woman and that people should live consistently with their biological sex.

The state also cannot require Bates to use specific language, including chosen pronouns, to express views about sexual orientation or gender identity that conflict with those beliefs.

Bates’ legal battle began after she sought certification to adopt children from foster care. She said her Christian faith motivated her decision to adopt, but her application was denied after she told state officials she could not comply with certain requirements involving sexual orientation and gender identity.

Alliance Defending Freedom filed a federal lawsuit on Bates’ behalf in 2023, arguing that Oregon’s policy violated her First Amendment rights to free speech and religious exercise.

Last year, a divided three-judge panel of the 9th U.S. Circuit Court of Appeals sided with Bates in her effort to obtain a preliminary injunction. The majority concluded that she was likely to succeed on her claims that the state’s requirements improperly restricted and compelled speech. Oregon subsequently allowed Bates to restart the application process, and the new settlement makes that protection permanent, according to ADF.

The case also raised questions about the state’s responsibility toward children in its care. In dissent from the appeals court ruling, Judge Richard Clifton argued that Oregon should be permitted to establish qualifications it believes are necessary to protect foster children, including LGBTQ children.

The final agreement preserves the state’s ability to make individual placement decisions based on a particular child’s needs and a prospective parent’s ability or willingness to meet those needs.

ADF Senior Counsel Johannes Widmalm-Delphonse called the settlement a “win-win that protects constitutional rights and puts children’s interests first.”

Bates said she never expected her desire to adopt to result in years of litigation.

“I was surprised to feel God nudging me to adopt,” she said in a statement released by ADF. “I never dreamt it would lead to a years-long lawsuit.”

With the case resolved, Bates can continue seeking certification to open her home to another child.

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