In Oregon, Jessica Bates, a widow and mother of five, applied to become a foster parent but was disqualified for refusing to affirm LGBTQ+ identities of children. She sued the state for violating her religious beliefs but lost her initial case. The Ninth Circuit Court of Appeals ruled in her favor, ordering a reconsideration of her case with stricter judicial scrutiny. Judge Clifton dissented, emphasizing that the case centered on child treatment rather than religious beliefs, pointing out Bates' reluctance to support a child’s gender identity and needs.
Oregon has concluded that children for whom it is responsible should be placed only with adults who promise to respect the gender identity of the child as the child gets older and develops such identity. ... As a result, Oregon requires a commitment from a prospective foster parent, before that person is given custody of a child for whom Oregon is responsible, that the applicant will not act contrary to the child's interest. Bates refused to make that commitment.
Bates applied to become a foster parent through the Oregon Department of Human Services in 2023, asserting that God had sent her a message to adopt more children. Bates was disqualified when she said she would not follow a state policy protecting the welfare of children that requires foster parents to affirm the identities of LGBTQ+ youth in their care.
Jessica Bates sued the state for supposedly violating her religious belief, losing her initial case. She then appealed to the Ninth Circuit Court of Appeals, which ruled 2-1 in her favor Thursday.
The appeals court ordered the judge to reconsider the case with 'strict scrutiny' - a form of judicial review used to evaluate the constitutionality of laws, which usually ends in the court striking down the law.
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