The Oregon Department of Human Services (ODHS) announced a decisive policy shift: prospective foster and adoptive parents will no longer be forced to sign a pre-adoption pledge affirming a child’s sexual orientation or gender identity. The change follows a settlement with Jessica Bates a widowed mother of five who challenged the state’s earlier requirement in federal court.
Legal challenge that sparked the reversal
In Bates filed suit after ODHS rejected her application on the grounds that she would not agree to the state-mandated LGBTQ affirmation protocol. The protocol, instituted by the agency, obligated prospective caregivers to use a child’s preferred pronouns, provide gender-aligned clothing, and attend LGBTQ-focused events while prohibiting religious activities deemed “unsupportive” of diverse sexual orientation or gender expression. Bates argued that the rule conflicted with her sincerely held religious convictions that marriage is between one man and one woman and that individuals should live according to their biological sex.
The case proceeded through the courts, and on July 24, 2025 the U.S. Court of Appeals for the Ninth Circuit in Seattle ruled that Oregon could not apply the affirmation requirement to Bates while her lawsuit remained pending. The appellate decision emphasized that adoption is not a “constitutional law dead zone” and that the state could not exclude parents on the basis of religious belief.
Settlement and the new ODHS policy
Following the appellate ruling, ODHS entered a settlement with Bates, represented by the conservative legal group Alliance Defending Freedom (ADF). The agreement directs the department to “reinstate [her] application or allow her to reapply for certification as a prospective adoptive parent.” Crucially, the settlement does not automatically grant her a license or place a child in her care; it merely removes the religious-belief barrier that had blocked her certification.
In a parallel order issued by the U.S. District Court of Oregon this month, the agency was expressly prohibited from denying any future application because of a candidate’s belief that sexual activity belongs within a marriage of one man and one woman, or that individuals should identify with their biological sex. The court barred ODHS from forcing applicants to use prescribed language, such as chosen pronouns, when such language contradicted sincerely held faith-based views.
Reactions from officials and advocacy groups
ODHS spokesperson Jake Sunderland told reporters that the rule change does not erase consideration of a child’s sexual orientation or gender identity from placement decisions. He emphasized that the department will continue to prioritize “each child’s safety” and to seek “supportive homes for LGBTQ+ youth.”
Conversely, Kyndall Mason executive director of Basic Rights Oregon warned that the settlement could allow prospective parents who intend to reject a child’s identity to remain eligible, potentially compromising the promise of “safe and affirming homes” for LGBTQ+ youth in foster care.
Public health data underscore the stakes. The Centers for Disease Control and Prevention links family acceptance to better mental-health outcomes for LGBTQ+ adolescents. A 2024 study in JAMA Pediatrics found that supportive family environments significantly reduce the risk of suicide attempts and runaway behavior among transgender youth.
Broader implications for religious liberty and child welfare
ADF hailed the outcome as a “win-win” for constitutional rights and child welfare. Senior counsel Johannes Widmalm-Delphonse said the settlement “protects constitutional rights and puts children’s interests first,” echoing Bates’s own sentiment: “I never dreamt it would lead to a years-long lawsuit.”
The case revives a national conversation about the balance between a state’s duty to protect vulnerable youth and the right of faith-based individuals to serve as caregivers without compromising their beliefs. While the new policy removes the mandatory affirmation clause, ODHS retains discretion to assess each child’s specific needs, leaving the practical impact on placement outcomes to be observed in the months ahead.
For now, Jessica Bates can move forward with her adoption application, and Oregon’s foster-care system has taken a step that may reshape the landscape of religious participation in child-welfare programs across the United States.
