The U.S. 9th Circuit Court of Appeals on Tuesday heard oral arguments in Christian single mom Jessica Bates’ case against Oregon after she was barred from fostering or adopting a child through the state system because of her Biblical beliefs on gender.

“Oregon continues to push a lose-lose scenario for its children in need and families willing and able to help,” said Johannes Widmalm-Delphonse, legal counsel with Alliance Defending Freedom (ADF), the nonprofit law firm representing Bates. “Jessica Bates, our client, is just one example of someone who would love and accept any child brought into her care, but Oregon officials say she is categorically unfit based on her religious beliefs. We are hopeful the Court will recognize that Oregon’s policy is unconstitutional and harmful to children in need of a loving home.”

Bates is a single mother of five biological children whose husband died in a tragic car accident in 2017. She applied for certification to adopt from foster care in 2022. During her certification process, she attended a training with material on sexual orientation, gender identity and gender expression (SOGIE). She was told she must accept and affirm a child’s perceived gender identity through using their preferred pronouns, providing clothing that matches their self-proclaimed identity and taking them to events such as pride parades. Additionally, parents could not require foster children to attend events, including religious activities, that are “unsupportive of people with diverse SOGIE.”

Bates emailed her certifier with the Oregon Department of Human Resources, informing the department that her religious beliefs conflicted with these requirements. She assured her certifier that she would accept and love any child who came into her home, no matter their sexual orientation or self-proclaimed identity. Later, she received a call from her certifier, who asked if Bates hypothetically would be willing to drive a child to his or her gender transition appointments to receive cross-sex hormones.

“I told her, ‘No, I believe that our gender is something sacred,’” Bates told podcaster Allie Beth Stuckey in an interview. “And not only that, I think I said, ‘I think that’s child abuse. … You’re not affirming a person for who they really are, basically.’”

Her certifier informed Bates that her certification was to be put on hold for non-compliance with policy. An official denial letter came eventually, acknowledging that Bates would care for children like they were her own, but denying her on the basis of her inability to support a child’s gender confusion, according to court documents.

ADF argues that the SOGIE rules categorically exclude Bates from adopting through the state. They say that through the rules, the department violates Bates’ First Amendment rights, attempting to regulate her speech based on her religious viewpoint by, for example, making her use a foster child’s preferred pronouns or making her express support for LGBTQ ideology through taking a child to a pride parade. Moreover, ADF argues, the rules attempt to restrict Bates’ religious speech and infringe on her religious exercise.

“Because these caregivers cannot promote Oregon’s dangerous gender ideology to young kids, the state considers them to be unfit parents,” said Jonathan Scruggs, senior counsel at ADF. “That’s false and harmful, needlessly depriving these kids of opportunities to find a loving home. We are urging the 9th Circuit to remind Oregon that the foster and adoption system is supposed to serve the best interests of children, not the state’s ideological crusade.”

Photo: Alliance Defending Freedom