Salem:

An Oregon mother of five is challenging a court's decision against her in a case where she alleges that the government is engaging in religious discrimination by denying her the opportunity to adopt children from the state system. Jessica Bates filed a federal lawsuit against the state's Department of Human Services earlier this year after her adoption request was rejected. The basis for the denial was her refusal to express support for gender ideology and homosexuality.

To be certified by the state foster care system, prospective parents are required to agree to respect, accept, and support the sexual orientation, gender identity, and gender expression of a child or young adult placed in their home, according to the state's policy. Bates, who is a Christian, stated that she could not agree to these rules if they contradicted her religious beliefs.

In November, a district court ruled against Bates, asserting, in part, that invalidating and disaffirming a child’s LGBTQ+ identities would diminish the rights of children in Oregon Department of Human Services care who identify with those orientations.

Attorneys from the legal advocacy group Alliance Defending Freedom (ADF) recently announced that Jessica Bates would be appealing a court ruling with the US Court of Appeals for the 9th Circuit. Despite her desire to adopt, the state of Oregon has categorically excluded Bates from adopting any child due to her belief that boys and girls are biologically different and should embrace that difference. ADF Legal Counsel Johannes Widmalm-Delphonse described Bates as a loving mother and said because Bates refuses to promote Oregon's gender ideology to young children, the state considers her an unfit parent, depriving numerous children in the system of the opportunity to be raised in a loving home.

The lawsuit argues that the state's regulations on sexuality and pronouns violate Bates' First Amendment right to free speech by restricting how she would raise an adoptive child. ADF lawyers contend that sharing her faith with her children and refraining from certain speech like neo-pronouns are protected forms of speech under the First Amendment.

ADF is urging the 9th Circuit to allow Jessica Bates to continue her adoption journey and provide a loving home to children in need. Bates, who lost her husband in a tragic car accident in 2017, has faced significant personal challenges. Bates, who had five children with David, expressed to the media after the tragedy that "faith in God is my greatest source of support." "I believe God is my rock, the one who instills hope in me," she said. The foster care advocacy group Project 48 reports that there are approximately 5,346 children in foster care in Oregon.