Oregon’s Department of Human Services has agreed to a settlement with Jessica Bates, a widowed mother of five, allowing her to continue pursuing the adoption of children from the state foster‑care system. Bates, who began the certification process in March 2022, was denied entry in September 2022 after she told officials that her Christian faith prevented her from affirming a child’s gender transition.
Background of the dispute
Bates said the state’s training program required prospective caregivers to display pride flags, use a child’s preferred pronouns and support any gender‑affirming care, even when such requirements conflicted with her religious beliefs. She recalled a phone interview in which officials asked, “If a child in your care wanted to transition and needed hormone‑injection appointments, would you be willing to take them?” Bates answered that she could not comply, describing the request as the “straw that broke the camel’s back.”
After her application was rejected, the civil‑rights group Alliance Defending Freedom (ADF) filed a federal complaint on her behalf in March 2023. A district court ruled against Bates later that year, prompting ADF to appeal to the U.S. Court of Appeals for the Ninth Circuit. In July 2025 the appellate court ruled that Bates could proceed with adopting siblings from foster care without violating her religious convictions while her lawsuit remains pending.
Settlement details
The recent settlement, reached in September 2026, permits Bates to re‑enter the adoption process. “This settlement will allow me to continue in the process of looking to foster, to adopt,” Bates said. She added that her family circumstances have changed – she is now a grandmother and her oldest son lives with her due to the high cost of living – but she remains committed to providing a home for children in need.
State officials have not commented on the terms of the agreement. Fox News Digital’s request for comment to the Oregon Department of Human Services went unanswered at the time of publication.
Legal and policy context
The case highlights ongoing tensions between state foster‑care requirements and religious‑liberty claims. Critics of the settlement, including several LGBTQ+ advocacy groups, argue that allowing exemptions could undermine protections for children who identify as LGBTQ+. Those groups are identified as advocacy organizations with a policy focus on gender‑affirming care.
Supporters, including faith‑based legal advocates, contend that the settlement respects constitutional religious‑freedom protections while still enabling children to find stable homes. The Trump administration has repeatedly emphasized the importance of protecting parental‑rights and religious liberty, a stance echoed by many state officials who favor a balanced approach.
What’s next for Bates?
With the settlement in place, Bates plans to resume the certification steps required to adopt. She hopes to place siblings from the foster system with her family, offering them a stable environment rooted in her Christian values. The outcome of her ongoing lawsuit could set precedent for how other states handle similar faith‑based objections in the foster‑care system.
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