On Thursday, a Federal Court ruled in a case involving Jessica Bates, who, along with her Christian beliefs, had her application for adopting a child rejected by state officials in 2023 due to her views on gender and sexuality.
The U.S. Court of Appeals for the Ninth Circuit decided, by a 2-1 vote, that Bates could begin seeking siblings from foster care. According to the judges, the state’s actions violated her religious beliefs and interfered with her ability to foster her adopted LGBTQ+ identity.
Judge Daniel Bress, appointed by Donald Trump, stated, “We believe Oregon’s policy violates the First Amendment, regarding Bates. We disagree with the district court’s denial of interim relief and direct that a provisional injunction be issued.”
He further highlighted, “Adoption is not a constitutional dead zone. The state cannot dictate that parents reject adopting based on political, racial, or religious grounds.” His point was that the state’s responsibility to act in children’s best interests shouldn’t override other constitutional rights.
Bress included, “The judge seems willing to accept this.” He emphasized that the record was meant for Oregon to act in the best interests of children, free from religious animosity. “However, this doesn’t mean Oregon’s policy is neutral toward religion,” he added. Bates’s claims need strict scrutiny due to the policy’s implications.
Alliance Defending Freedom (ADF) submitted the lawsuit in April 2023 on behalf of Bates, a single mother of five who lost her husband in an accident eight years prior. The lawsuit claims that the Oregon Department of Human Services (ODH) violated the First and Fourteenth Amendments by promoting secular ideals regarding gender and sexuality.
The complaint reveals that during the adoption training process, officials informed Bates that state policies required her to adhere to secular views while raising any adopted children.
[Bates must] Respect, accept, and support race, ethnicity, cultural identity, place of origin, immigrant status, sexual orientation, gender identity, gender, disability, spiritual beliefs, socioeconomic status, and foster opportunities for children’s understanding of their heritage.
Training guidelines suggested that parents should use a child’s “preferred pronouns” and create an environment with signs that show support for LGBTQ+ identities.
The complaint states, “One instructor told Jessica these ideas represent diversity in all its forms, with resources showing positive depictions of same-gender relationships. Parents should respect a child’s gender identity and avoid forcing participation in activities that don’t support diverse identities.”
Bates, hoping to adopt siblings from foster care, made it clear she could love any child but would not compromise her Christian values, as stated in the complaint.
Like many who hold religious beliefs, Jessica feels that biological gender holds spiritual significance and cannot affirm that a man can be a woman or vice versa. She warned the department that while she could love and accept a child, she couldn’t act against her faith. The department then put her in a position where she had to choose between her beliefs and the possibility of adoption.
Ultimately, the ODHS rejected her application, citing her perspective that “God assigns gender,” and stated that she did not support behaviors that might be considered gay or transgender, reflecting her religious objections to endorsing sex hormone treatments for children.
The ADF argued that ODHS policies penalized Bates for her religious convictions, compelling her to express views against her beliefs and undermining her legal protections.
A lower court ruled against Bates in November 2023, and ADF subsequently appealed to the 9th Circuit. The ruling from Thursday allows Bates to continue with her adoption process while the case is ongoing.
The case is Bates v. Pakseresht 23-4169 in the Ninth Circuit Court of Appeals.
