The Oregon Department of Human Services has a rule that excludes Bates because she does not wish to follow state policy that parents be affirming of a child's chosen gender identity.
A widowed mother of five, Bates is a Christian and holds sincerely held religious beliefs about biblical sexuality.
Bates applied to become certified to adopt children from foster care two years ago. Oregon’s DHS, the agency that oversees child welfare programs, denied her application because Bates could not agree to use inaccurate pronouns to refer to a child or to take children to pride parades.
Although Bates told ODHS officials that she would happily love and accept any child placed with her, officials rejected her application, making her ineligible to adopt any child—even infants or children who share her religious beliefs.
Bates tried taking Oregon to court, but a legal challenge failed at the federal district level. Last week, the Ninth Circuit Court of Appeals ruled that Oregon's policy appears to have violated Bates' free speech and free exercise rights. The appeals court also stated that the case should continue.
In January, a broad coalition of foster and adoptive parents, religious liberty groups, free speech and family advocates, 20 states, and detransitioners filed friend-of-the-court briefs with the Ninth Circuit in support of Bates. The briefs joined ADF in arguing that ODHS’s policy needlessly penalizes Bates and many other people of faith for their religious views, compels parents to speak words that violate their conscience, and deprives children in need of the opportunity to find loving homes.
Finally, she received help from the Ninth Circuit.
"This was a Clinton appointee as well as a Trump appointee who agreed that Oregon's law was likely unconstitutional," says attorney Johannes Widmalm-Delphonse of Alliance Defending Freedom (ADF), the law firm representing Bates.
Bates will begin the application process.
"She's hoping to adopt two children from foster care, and we hope that Oregon will allow that to happen," says Delphonse. "Meanwhile, this case will likely proceed, but in the meantime, there's two more children who have a chance to find a loving home, and that's what's important."
