Oregon Drops LGBTQ+ Affirmation Rule for Foster and Adoptive Parents After Settlement
Oregon has removed a requirement that prospective foster and adoptive parents agree in advance to affirm a child’s sexual orientation or gender identity, a change that follows a settlement between the state Department of Human Services and Jessica Bates, a prospective adoptive parent who refused to make that commitment.
Bates, a widowed mother of five, sued in 2023 after Oregon deemed her ineligible to adopt from foster care because she would not agree to support a child’s LGBTQ+ identity. She was represented by Alliance Defending Freedom, the conservative legal group. In July 2025, the U.S. Court of Appeals for the Ninth Circuit ruled that Oregon could not apply the affirmation requirement to Bates while her case moved forward.
The settlement allows Bates to seek approval as an adoptive parent. It does not grant her a license or place a child in her care.
“I never dreamt it would lead to a years-long lawsuit,” Bates said in a statement released by Alliance Defending Freedom.
Oregon officials said the rule change does not remove a child’s sexual orientation or gender identity from placement decisions. “This judgment does not prevent ODHS from deciding a child’s placement based on their specific needs,” agency spokesperson Jake Sunderland told the Oregon Capital Chronicle. Sunderland said the department would continue to prioritize each child’s safety and seek supportive homes for LGBTQ+ youth.
Basic Rights Oregon criticized the settlement. “LGBTQ+ youth in foster care deserve safe and affirming homes,” Kyndall Mason, the group’s executive director, told the Chronicle. The group said the change could allow prospective parents who would reject a child’s identity to remain eligible for consideration.
The dispute reflects a broader tension in foster care policy between religious-liberty claims and protections for LGBTQ+ youth. Research underscores what is at stake. The Centers for Disease Control and Prevention says family acceptance is linked to better health outcomes for LGBTQ+ youth. A 2024 study published in JAMA Pediatrics found that supportive family environments helped mitigate the risks of suicide attempts and running away among transgender youth; the study examined family support broadly.
Alliance Defending Freedom called the settlement a victory for Bates and other prospective parents with similar religious beliefs. Johannes Widmalm-Delphonse, the group’s senior counsel, described it as “a win-win that protects constitutional rights and puts children’s interests first.”
Related: Oregon’s newest Republican lawmaker says LGBTQ+ support is akin to child abuse
Related: Oregon mother who declined to affirm LGBTQ+ identities wins right to seek adoption
This article originally appeared on The Advocate.