Oregon state officials have agreed to drop their opposition to an adoption applicant’s religious views on gender and sexuality, ending a protracted legal dispute. The settlement, reached on September 9, resolves a three-and-a-half-year conflict between Jessica Bates and the Oregon Department of Human Services (ODHS).
A Long Legal Battle
In September 2022, ODHS denied Bates’ application for adoption certification. State officials cited her refusal to comply with a policy requiring applicants to affirm they would respect, accept, and support a child’s sexual orientation, gender identity, and gender expression. Bates argued that the requirement violated her First Amendment rights to free speech and free exercise of religion.
Bates filed suit in March 2023, represented by the Alliance Defending Freedom (ADF). She stated that while she is open to adopting any child, she would not facilitate gender transitions through hormone therapy, use pronouns inconsistent with a child’s biological sex, or encourage gender expression contrary to her religious convictions.
The legal proceedings saw mixed results for Bates. A federal district court ruled in favor of ODHS in December 2023. However, an appellate panel reversed course in July 2025, ruling that the department had likely violated Bates’ constitutional rights and blocking enforcement of the restrictive rules against her.
Terms of the Settlement
The agreement prohibits ODHS from categorically disqualifying Bates based on her religious beliefs. Specifically, the state cannot deny her application because she believes sexual activity should occur only within marriage between one man and one woman, or that individuals should live consistent with their biological sex.
Furthermore, ODHS agreed not to require Bates to use prescribed language, including chosen pronouns, as a condition of certification. The settlement also bars the department from enforcing any standard that precludes consideration based solely on her religious beliefs.
The agreement does allow ODHS to make placement decisions based on an individualized assessment of the child’s needs and the foster parent’s specific concerns or limitations. It also stipulates that the department will not attempt to regulate Bates’ speech regarding gender and sexuality.
Advocacy and Reaction
Johannes Widmalm-Delphonse, senior counsel at ADF, praised the resolution. He stated that “every child deserves a loving home” and argued that children suffer when the government excludes people of faith from foster care due to an “ideological crusade.”
Widmalm-Delphonse noted that Oregon officials had previously turned Bates away for holding the common-sense belief that parents should help children become comfortable with who they are, rather than pushing them toward medicalization. He characterized the state’s prior policy as a mandate enforcing a specific gender ideology.
The Oregon attorney general’s office referred requests for comment to ODHS, which did not respond. The settlement marks a significant shift in how the state handles religious objections in its foster care and adoption processes, ensuring that applicants are evaluated on their ability to care for children rather than their adherence to specific ideological statements.