To resolve a lawsuit brought by Alliance Defending Freedom attorneys, Oregon child-welfare officials agreed to a court order freeing Jessica Bates to seek a license to adopt children from foster care without violating her religious beliefs about human sexuality.
Bates filed a lawsuit in April 2023 challenging an Oregon Department of Human Services rule that categorically excluded her from adopting any child—no matter their age or beliefs—because she would not lie to children about their identity by promoting the view that girls can become boys and vice versa. Under the agreed-upon court order, Bates may now reapply for her license and need not promote gender ideology to a vulnerable child.
“Every child deserves a loving home, and children suffer when the government excludes people of faith from foster care because of the state’s own ideological crusade,” said ADF Senior Counsel Johannes Widmalm-Delphonse. “Oregon officials turned Jessica away just because of her common-sense belief that parents should help children become comfortable with who they are instead of pushing them down a path of confusion and medicalization. We believe this settlement is a win-win that protects constitutional rights and puts children’s interests first.”
“As a widowed mom of five, I was surprised to feel God nudging me to adopt. I never dreamt it would lead to a years-long lawsuit when Oregon excluded me just because of my religious convictions about gender,” Bates said. “I am grateful for ADF picking up my case, advocating for my and every American’s rights, and helping ensure many great homes can remain candidates to help the children in foster care.”
The agreed-upon court order follows a decision by the U.S. Court of Appeals for the 9th Circuit in July 2025 that ruled Bates was likely to succeed on her free-speech and religious-liberty claims under the First Amendment. Oregon subsequently agreed to a preliminary injunction, allowing Jessica to restart the application process earlier this year. Oregon has now agreed to make this injunction permanent. Oregon also agreed that Bates, as the prevailing party, is entitled to attorneys’ fees and costs, which will be decided at a later date.
In 2023, Bates applied to become certified to adopt children from foster care. ODHS denied her application because Bates stated she would not use inaccurate pronouns for a child or to take children to pride parades. Bates also stated that she would not take a hypothetical nine-year old to receive puberty blockers or hormone shots. Bates told state officials that she would happily love and accept any child placed with her, but officials deemed her ineligible to adopt any child—even infants or children who share her religious beliefs.
Rebekah Schultheiss, one of more than 5,300 attorneys in the ADF Attorney Network, serves as local counsel on behalf of Bates.
