Oregon mother challenging state’s gender ideology adoption policy

In support of an Oregon mother of five, who wishes to adopt siblings from foster care, more than 20 states, groups including religious liberty advocates, detransitioners, family advocates, and foster and adoptive parents, have submitted friend-of-the-court briefs to the U.S. Court of Appeals for the 9th Circuit. The mother’s request confronts an Oregon Department of Human Services rule barring her potential adoption due to her refusal to promote Oregon’s progressive gender ideology, which conflicts with her religious beliefs.

Jessica Bates, represented by ADF attorneys, is seeking to secure adoption certification without the discrimination presented by her religious faith. As ADF Legal Counsel Johannes Widmalm-Delphonse explained, Bates intends to offer a loving home to children in need, but Oregon officials view her religious stance as grounds for ineligibility. The state allegedly deems caregivers who oppose its gender ideology as unfit parents, denying children in need of a loving home.

Bates applied for adoption certification two years ago. However, the Oregon Department of Human Services, the agency overseeing state child welfare programs, rejected her application as Bates would not comply with actions conflicting with her faith, such as using pronouns discordant to a child’s biological sex.

The friend-of-the-court briefs share ADF’s assertion that Oregon’s policy unfairly penalizes Bates and others of faith for their beliefs, compelling parents to undermine their conscience, and denying children a chance at a welcoming home. Advocacy groups argue the state’s law infringes upon the First Amendment rights whilst preventing willing parents from offering children homes, highlighting that religious couples are three times more likely to support children in need.

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