A mom from eastern Oregon, who already has five kids, got a green light from a federal court, letting her keep on her path toward fostering or adopting more children. The catch? She won't acknowledge or support any LGBTQ+ identities among kids she might care about. This whole situation shines a light on a bigger issue at play: how do you balance religious beliefs with state rules on LGBTQ+ rights?
When personal beliefs meet state rules
Back in 2023, Jessica Bates sued Oregon after they rejected her application. Why? She didn't want anything with affirming a child's gender identity, as required by Oregon's Department. "I can't support this in a child," she said. "I'll accept them as they are, but I won't encourage it. God gives us our gender, it isn't a choice."
Fast forward, and now there's a twist. The Ninth Circuit Court wants a lower court take another look, putting her claims about religious freedom and free speech under "strict scrutiny". This review digs deep, checking if any policy steps on constitutional toes.
While Bates' case gets another look, she can move ahead with her foster or adopt application. It's a big moment showing just how tangled religious freedom and state requirements can be.
Feeling called: Faith, family, and fostering
After losing her husband in a car crash, Bates felt a deep pull towards helping more kids, beyond her five biological ones. She's got Alliance Defending Freedom (ADF) in her corner, a group known battling against LGBTQ+ rights. ADF has been on some big cases like Masterpiece Cakeshop vs. Colorado and 303 Creative, Inc. vs. Elenis, where religious beliefs were used as a defense.
The court's take: Rights, religions, and kids
Judge Daniel Bress, part two judges who agreed, pointed out Oregon's aim: putting kids' best interests first while respecting religious beliefs. But, he added, “this doesn't make Oregon's policy fair when it comes religion," meaning they had better dive deep with strict scrutiny on Bates's Free Exercise Clause claim.
On flip side, Judge Richard Clifton argued it's not Bates' beliefs under fire, but how she could treat a child. "Parents wouldn't want someone caring their kids if they can't respect a child's self-identified gender," he said, emphasizing Oregon's heavyweight role in looking out kids in foster care.
Guidance with a twist: Love meets beliefs
In a chat after court's call, Bates shared that she'd raise any child her care with same biblical values guiding her own family. "I'm gonna love them deeply. I won't push them away," she said her stance any child identifying LGBTQ+. Still, she made clear she wouldn't use a child-chosen name or pronouns if they clashed with her beliefs, nor would she allow switches in clothing. Instead, she'd steer talks around her faith.
"I'd remind them, 'God defines our identity. It's sacred,'" Bates said. She stressed that while a child might wrestle with who they are, it's something special, a divine gift.
Walking a fine line: Ideologies in foster care
ADF lawyers backing Bates argued against state's outlook, saying Oregon's focus on shielding LGBTQ+ youth missed mark. "Because folks like Jessica can't push Oregon's agenda on gender or stir up support like pride parades, they're labeled unfit," said Jonathan Scruggs, ADF senior counsel. He argued that this stance denies children chances find homes, praising Ninth Circuit's reminder that child welfare should come before pushing ideologies.
Bates' case stirs debate, pushing forward big questions about religious freedom and LGBTQ+ rights in foster care.
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