Overview

• A two-judge majority found the state policy compelling foster parents to “respect and support” children’s sexual orientation and gender identity unconstitutionally compels speech and violates Bates’s free speech and religious exercise rights.
• The court granted a preliminary injunction barring the Oregon Department of Human Services from using the rule to determine Jessica Bates’s foster parent eligibility.
• Judge Richard R. Clifton dissented, arguing the requirement governs caregiver conduct rather than speech and criticizing Bates’s refusal to foster unconditionally.
• The injunction enables Bates to begin the adoption process from foster care in Vale, Oregon, while her legal challenge continues through the courts.
• Oregon’s Department of Justice expressed disappointment in the ruling and said it is reviewing potential next steps, including a possible appeal.