9th Circuit rejects rule requiring foster parents to 'respect' LGBTQ children

[BumRushDaShow]

Source: Law & Crime

Jul 25th, 2025, 2:03 pm


A federal appellate court has rejected an administrative rule in Oregon which bars individuals from serving as adoptive foster parents unless they commit to respecting a child's sexual orientation, gender identity, and gender expression.

In a 58-page opinion issued Thursday, the U.S. Court of Appeals for the 9th Circuit reversed a lower court ruling against Jessica Bates, a widowed, single mother of five, whose adoption application was denied due to her disagreement with the policy.

Oregon officials enforced the policy after Bates "objected to using adopted children's preferred pronouns or taking them to medical appointments for gender transitions," the appeals court explained. Bates sued and lost at the district court level – being denied injunctive relief by U.S. District Judge Adrienne Nelson, a Joe Biden appointee.

Now, in a 2-1 ruling on First Amendment grounds, the panel directed the district court to issue a preliminary injunction barring the Beaver State's Department of Human Services from using the rule in any determination of Bates' eligibility as an adoptive foster parent.

Read more: https://lawandcrime.com/high-profile/restricts-and-compels-speech-9th-circuit-rejects-rule-requiring-foster-parents-to-respect-accept-and-support-a-childs-sexual-orientation-and-gender-identity/

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Link to ORDER (PDF) - https://cdn.ca9.uscourts.gov/datastore/opinions/2025/07/24/23-4169.pdf