Oregon officials back off ‘gender ideology mandate’ for mom seeking to adopt

Oregon officials have agreed they will not “categorically disqualify” a Christian woman from adopting or fostering children based on her religious beliefs about gender and human sexuality, which settles a three-and-a-half-year legal battle.

The Oregon Department of Human Services (ODHS) agreed to a legal settlement with Jessica Bates, who was represented by Alliance Defending Freedom (ADF). It affirms the department will not consider her religious beliefs when evaluating her application for a certification to adopt children and will not attempt to regulate her speech about gender and sexuality.

“Every child deserves a loving home, and children suffer when the government excludes people of faith from foster care because of the state’s own ideological crusade,” ADF Senior Counsel Johannes Widmalm-Delphonse said in a statement following the Sept. 9 settlement.

“Oregon officials turned Jessica away just because of her common-sense belief that parents should help children become comfortable with who they are instead of pushing them down a path of confusion and medicalization,” he said. “We believe this settlement is a win-win that protects constitutional rights and puts children’s interests first.”

In September 2022, the ODHS denied Bates’ application because she would not comply with a state policy that requires applicants to agree they will “respect, accept and support the … sexual orientation, gender identity [and] gender expression … of a child or young adult” who is placed in the home, which ADF has characterized as a “gender ideology mandate.”

Bates sued ODHS in March 2023, arguing that the policy violated her First Amendment rights to free speech and the free exercise of religion. The lawsuit stated she told the certification officer she would love any child as her own but would not facilitate a child’s gender transition through hormone therapy, use pronouns inconsistent with a child’s biological sex, or encourage gender expression inconsistent with the child’s biological sex or same-sex attraction.

A federal district court initially ruled in favor of ODHS in December 2023, but an appellate panel of judges ruled in July 2025 that ODHS likely violated her constitutional rights and blocked the department from enforcing the rules against her while the lawsuit continued.

Legal settlement

Per the legal agreement, ODHS will allow Bates to apply for a certification and will not consider her religious views in any way.

It states ODHS will not deny the application “because of her religious beliefs that sexual activity should occur only within the confines of a marriage between one man and one woman, and a person should identify and seek to live consistent with his or her biological sex.”

The settlement adds that this extends to her “desire to respectfully speak about, live out, parent, and make day-to-day caregiving decisions consistent with these sincerely held religious beliefs.”

Under the agreement, ODHS also cannot require her to “agree to use prescribed words or language, including chosen pronouns, to express views about sexual orientation, gender identity, or gender expression inconsistent with her religious beliefs described above as a condition of certification.”

“[The] ODHS may not enforce any per se standard, rule, or policy that precludes Bates from being considered for any particular placement, based in whole or in part based on her religious belief,” the settlement agreement states.

It further prohibits ODHS from disqualifying Bates from consideration for any particular child placement based on her religious beliefs.

Yet, the settlement does not prevent ODHS from “deciding a child’s placement based on its individualized consideration of the child’s needs and of a foster parent’s concerns or limitations (including where religiously motivated) on their ability or willingness to meet the child’s specific needs, including with regard to their sexual orientation, gender identity, and gender expression.”

The Oregon attorney general’s office referred EWTN News to the Oregon Department of Human Services for comment. The department did not respond to a request for comment.

Source: https://www.ewtnnews.com/world/us/oregon-settles-jessica-bates-lawsuit