Jessica Bates of Vale filed a notice of appeal in Portland’s U.S. District Court on Wednesday. The appeal seeks to overturn U.S. District Judge Adrienne Nelson’s ruling against Bates, who requested a preliminary injunction so she could continue the adoption process as the case moves forward.
In April, Bates sued the state in federal court after the Oregon Department of Human Services blocked her from adopting two children. The agency stopped the adoption process after Bates told a state worker her Christian beliefs prevented her from following a rule that requires adoptive parents to support and respect their child’s sexual orientation and gender identity.
Bates is represented by attorneys for Alliance Defending Freedom, an Arizona-based organization founded by conservative Christians that takes on a variety of free speech and religious freedom cases, including those involving LGBTQ+ and reproductive rights.
“No state should abandon children in favor of a dangerous ideological agenda,” Johannes Widmalm-Delphonse, legal counsel with Alliance Defending Freedom, said in a statement. “Jessica is a loving mother who feels called to adopt siblings under the age of 10 from foster care. But the state of Oregon is categorically excluding her from adopting any child because Jessica shares a view held by millions of Americans: that boys and girls are biologically different and should cherish that difference, not reject it.”
Bates wants the Ninth Circuit Court of Appeals to allow her to access the state’s adoption system. Bates and her attorneys have said in court filings that she would love any child but doesn’t want to do things that she says conflict with her religious beliefs, such as taking a child to a Pride parade or calling them by their preferred pronouns.
In her ruling, Nelson noted that the state rule applies regardless of whether an applicant for adoption is religious or not and doesn’t prevent a parent from exercising their religious beliefs.
“Indeed, it appears that the rationale behind why an applicant would be unable to accommodate a child’s LGBTQ+ identities is irrelevant,” the judge wrote. “The only relevant inquiry is the applicant’s willingness and ability, not their reasoning. Plaintiff has not shown that the government is endorsing secular viewpoints over religious viewpoints in its application of the rule.”
The Oregon Department of Human Services rule only applies to adoptions through the agency, not private adoptions. Jake Sunderland, a spokesman for the agency, declined to comment on the lawsuit but said the rules are intended to provide a safe environment for children.
“At a time when gender diverse people, policies, and laws are under attack, it is important to reinforce our values and practices related to the children and families we serve,” Sunderland said in a statement. “We are committed to creating a safe and supportive environment for all children and young people, regardless of their gender identity. Gender inclusive policies provide a range of benefits including improved mental health, safety and well-being.”
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