Overview

• In a 2–1 decision, Judges Daniel Bress and Michael Daly Hawkins held that Oregon’s policy likely infringes Jessica Bates’s free speech and free exercise rights, while Judge Richard Clifton dissented.
• The court reversed a 2023 district court ruling and directed a preliminary injunction blocking the Oregon Department of Human Services from applying its LGBTQ+ affirmation rule to Bates.
• Under the injunction, Bates is permitted to begin her adoption of foster siblings as the lawsuit proceeds.
• Oregon’s policy obliges prospective parents to ‘respect, accept and support’ a child’s sexual orientation, gender identity and expression, and training materials recommend use of preferred pronouns, display of LGBTQ+ affirming symbols and provision of affirming books and media.
• State officials said they are reviewing the appeals court decision as the case returns to district court for strict-scrutiny review.