After court loss, Oregon stops blocking Christian widow from adopting over gender identity views

More than a year after an appeals court found Oregon was likely to lose a First Amendment challenge by a Christian widow it banned from adopting her foster kids, owing to the mother's beliefs on marriage and gender identity, the Beaver State has thrown in the towel completely.

It accepted a stipulated order and judgment that reinstates Jessica Bates' adoption application and bans the state from rejecting it based on her religious beliefs that sex belongs in traditional marriage and "a person should identify and seek to live consistent with his or her biological sex," including Bates' desire to "make day-to-day caregiving decisions consistent with" those beliefs.

Oregon may not require Bates "to use prescribed words or language, including chosen pronouns, to express views about sexual orientation, gender identity, or gender expression," the order says. It may not "categorically disqualify" her for "any particular placement" based on her beliefs.

The state preserved some wiggle room on specific placement decisions going forward: It can consider applicants' "concerns or limitations (including where religiously motivated) on their ability or willingness to meet the child’s specific needs, including with regard to their sexual orientation, gender identity, and gender expression."

Oregon also agreed to pay Bates' attorneys' fees as the prevailing party.

Her lawyers at the Alliance Defending Freedom said the order makes permanent an earlier preliminary injunction, under which Bates was allowed to restart the application process this year. 

"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," ADF Senior Counsel Johannes Widmalm-Delphonse said, referring to the state's original demand that Bates agree to medically transition "hypothetical adopted children" who identify as the opposite sex.

Vermont also gave up its so-called gender affirming conditions on foster care earlier this year to settle lawsuits before its own federal appeals court rule.