The state of Oregon had passed a law requiring that prospective foster parents must agree to “respect, accept, and support” adopted children who claim to be transgender or LGBTQ+ to be allowed to proceed with the adoption. It also barred strong adherence to religious beliefs that are “openly hostile or unsupportive” to transgender or LGBTQ+ children.
Subsequently, a prospective foster parent, Jessica Bates, sued the state, assisted by the Alliance Defending Freedom (ADF), arguing that the law excluded her from becoming a foster parent, based on her beliefs.
Writing for the majority, Judge Bress asserted that basic freedoms are guaranteed by the Constitution and that the government cannot force “adherence to state-favored orthodoxies.”