Oregon Woman Wins Appeal After Being Denied Foster Role Over LGBTQ+ Views
A devout Christian and widowed mother of five from Malheur County has won an appeal against a ruling by the State of Oregon that prevented her from becoming a foster parent because she could not accept the sexual orientation of LGBTQ+ children
Woman’s Freedom of Speech and Religious Rights Were Violated
The ruling was handed down on Thursday in a split decision by the 9th Circuit Court of Appeals, which found that the Oregon Department of Human Services policy violated Jessica Bates’ rights to freely exercise her religion and freedom of speech.
Applying to become a foster parent, Bates, who lives in Vale, stated that she was unable to adhere to the ruling requiring her to ‘respect, accept and support’ the sexual orientation, gender identity, and gender expression of LGBTQ+ children because of her religious beliefs.
According to her lawyer, her religion would also prevent her from taking a child to receive hormone injections or to use a child’s preferred pronoun.
Bates was represented by Alliance Defending Freedom, a legal advocacy group that argued that their client was sidelined as a potential foster parent because of her faith.
The State of Oregon Places Emphasis On a Child’s Interests
The argument was countered by the states’ legal representative, Thomas H. Castelli, who said that the Department of Human Services places emphasis on the importance of a child’s interests, well-being, and health.
He said the department’s LGBTQ+ rule to ‘accept, respect and support’ a child’s sexual identification and preferences did not mean that parents had to adopt those beliefs.
Judges Daniel A. Bress and Michael Daly Hawkins of the three-man Appeals Court found that the ruling prevented Bates from becoming a foster parent to any child because the ruling was too broad in its interpretation, and found it a violation of the First Amendment.
The judges directed U.S. District Judge Adrienne Nelson to issue a preliminary injunction blocking the Human Services Department from enforcing the rule that would decide Bates’ eligibility to serve as a foster parent.
The case is under review by the Oregon Department of Justice.