Oregon pro-LGBTQ rule rejected after Christian mother sues

The 9th U.S. Circuit Court of Appeals on Thursday ruled in a split decision that the state cannot bar a mother from becoming a foster parent because of her Biblical views of sexuality. Christian mother Jessica Bates sued the state after her application to become a foster parent was denied. She had said she would not use a child’s preferred pronouns or take them to receive cross-sex hormones. Two of the three judges on the panel found that the Oregon Department of Human Services compelled speech by requiring foster parents to respect, accept, and support the gender identity and expression of a foster child who identified as LGBTQ. The court ruled that the policy violated Bates’ rights of free speech and her exercise of religion. The judges ordered a lower court to enter a preliminary injunction preventing the department from using the state’s rule to prevent Bates from becoming a foster mother.

The majority opinion said the state could still decide not to place children who are questioning their sexuality with Bates. In his dissent, Judge Richard R Clifton argued that the state’s rule did not regulate speech but instead regulated a parent’s conduct. The rule is intended to respect a child’s preferences, not to force parents to accept the child’s beliefs as their own, said attorney for the state Thomas H. Castelli.

Meanwhile, Alliance Defending Freedom attorney Jonathan Scruggs praised Thursday’s ruling as a reminder that the foster and adoption system is intended to serve the best interests of children, not a state’s ideological values. Bates was represented by ADF in the case.

What happens now? The court ordered Oregon Department of Human Services to reconsider Bates’ application. Bates told local media that she plans to continue with the foster care certification process. She would love any child placed with her while continuing to teach Biblical truth, she said. Meanwhile, Oregon Department of Justice Spokeswoman Jenny Hansson told local media that the state was disappointed by the ruling and would determine next steps.

What is the background of the case? Bates is a widowed mother of five and a devout Christian. In 2022, she began the process of adopting a pair of siblings from the state’s foster care system after she felt called by God to care for orphans. She filed a lawsuit in April 2023 after the state denied her application over her refusal to lie to foster children about gender and sexuality. A district court judge in late 2023 ruled against Bates, saying the Oregon Department of Human Services policy did not discriminate against Bates’ religious beliefs. Her lawyers appealed the case. In January 2025, other foster and adoptive parents, religious liberty organizations, and 20 states filed friend-of-the-court briefs in support of Bates. 

Dig deeper: Read Liz Lykins’ report about the lower court’s decision to uphold the state’s pro-LGBTQ policy.