Christian mother wins fight to adopt despite refusing to affirm gender identities

A US court has allowed a Christian mother to adopt despite her refusal to affirm the gender identity of any future trans children in her care.

The US Ninth Circuit Court of Appeals permitted Oregon resident Jessica Bates to continue an adoption application process despite her anti-trans beliefs.

Bates, a single mother of five, began the application process in 2022, but was rejected by state officials after saying she would refuse to affirm a trans child’s identity should she adopt them.

Suing the state, Bates was initially blocked from continuing the application process after a US District Court ruling in December 2023 argued her refusal to affirm a trans child did not fall under her First Amendment rights to free speech.

However, a Court of Appeals panel reversed the decision, stating that Oregon had failed to justify whether its policy, which demands that parents adopting from foster care must “respect, accept, and support” their children’s sexual orientation or gender identity, was not sufficient to stop Bates from adopting.

@pinknews

A Christian mother in Oregon has been cleared by a federal court to move forward with her application to foster or adopt children, after previously being denied for refusing to affirm a child’s gender identity. Jessica Bates, a mother of five, had her application turned down by the Oregon Department of Human Services due to the state’s requirement that foster parents agree to affirm the sexual orientation and gender identity of any child in their care. In a 2023 lawsuit, Bates challenged the state’s policy, and a recent decision from the Ninth U.S. Circuit Court of Appeals allows her case to move forward while also permitting her to proceed with the application process while the lower court reconsiders her case under heightened legal scrutiny. In her application, Bates wrote, “I cannot support this behavior in a child… I have no problem loving them and accepting them as they are, but I would not encourage them in this behavior. I believe God gives us our gender/sex and it’s not something we get to choose.” #adoption #transrightsarehumanrights #adoption #fostercare #jessicabates #protecttranskids #ComfortSegredos

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In a 2-1 ruling opinion, judge Daniel Bress argued that, while the state’s goal of protecting LGBTQ+ children in foster care is a “valid objective,” officials had not considered “other viable options” for Bates.

Judge Bress argued that the policy, as a result, is not “tailored to preclude Bates from adopting any child based on her religious objections.”

The ruling panel further argued that children under nine years old, the age bracket that Bates planned to adopt, are “well before the average age at which children become aware of nonconforming gender identities.”

Dissenting, judge Richard Clifton argued the policy did not regulate free speech, but the conduct of parents towards foster care children, further arguing that Oregon’s policy is “neutral and generally applicable.”

Alliance Defending Freedom (ADF), a right-wing legal group representing Bates, commended the decision, writing that Bates was excluded “because of her common-sense belief that a girl cannot become a boy.”

ADF senior counsel, Jonathan Scruggs, branded Oregon’s policy as “dangerous gender ideology,” claiming it is “false and incredibly dangerous” to suggest kids can be trans.

Despite the ADF’s and Bates’ objections, trans people and trans youth do exist and are not coerced into identifying as transgender.