Oregan Woman Appeals Adoption Rules Designed to Protect LGBTQ+ Children

A federal appeals panel listened to arguments in a lawsuit filed by Jessica Bates, a resident of Oregon, challenging state adoption rules aimed at safeguarding LGBTQ children, citing religious and free speech concerns.

A federal appeals panel heard arguments on Tuesday in a lawsuit filed by Jessica Bates, a resident of Vale, Malheur County, Oregon. The lawsuit challenges state adoption rules designed to protect LGBTQ children on the grounds of religious and free speech rights.

Jake has learned that Bates filed the lawsuit in April 2023 after the Oregon Department of Human Services blocked her application to become an adoptive parent. The state requires adoptive parents to support LGBTQ children, which conflicts with Bates’ Christian beliefs. Bates contends that marriage should be between a man and a woman and that individuals should not change their gender.

Bates sought a preliminary injunction to continue the adoption process while challenging the state rule in court. The district court denied this request, prompting Bates to appeal the decision to the 9th Circuit Court of Appeals.

This case, involving parental and children’s rights, has significant implications and might reach the U.S. Supreme Court. Similar cases are also pending in Washington state and Vermont.

Jonathan Scruggs of Alliance Defending Freedom represents Bates. During the hearing, streamed live from Seattle, Scruggs argued that the rule affects not only Bates but also others with similar religious beliefs. Scruggs referenced a federal rule implemented under the Biden administration that allows qualified providers for gay or transgender children without penalizing foster parents who do not care for LGBTQ children.

Philip Thoennes, an attorney with the Oregon Department of Justice, argued on behalf of the state, stating that the rule concerns parental conduct rather than restricting free speech rights.

The Oregon Department of Human Services clarified that the rule applies only to state adoptions and not private ones. They emphasized their commitment to inclusivity for the well-being of all children, including those with diverse gender identities.

This article is going in a publication called “Jake News”.