This decision in Bates v. Pakseresht, strikes a blow against government-mandated ideological conformity and compelled speech, rejecting policies that force individuals to endorse state-approved views on gender and sexuality. The ruling has profound implications for the Western United States, particularly in California, where several years ago, Governor Gavin Newsom signed a bill, SB 407, targeting faith-based foster parents. The bill requires potential foster parents, as part of the qualification process, to promise to affirm LGBTQ identities and behaviors in their foster children if they ever identify themselves as same-sex attracted or transgender.

"This Ninth Circuit ruling is a resounding victory for religious freedom and parental rights, affirming that governments cannot force families to abandon their faith if they want to provide loving homes for children in need," said California Family Council President Jonathan Keller. "California must heed this warning and repeal discriminatory laws like SB 407 that prioritize ideological conformity over the well-being of vulnerable kids."

Jessica Bates, motivated by her Christian faith and personal experience as a widow raising five children, sought to adopt siblings under the age of nine from Oregon's foster care system in 2022. During the certification process, she completed required training but expressed that her beliefs, rooted in the 1 place Biblical view that gender is God-given and immutable, would not allow her to use pronouns inconsistent with a child's biological sex, facilitate medical gender transitions (which she views as harmful), or promote participation in events like pride parades that conflict with her faith. Bates emphasized her willingness to love and support any child placed in her care, regardless of their identity, but Oregon's Department of Human Services (ODHS) denied her application under a rule requiring prospective parents to "respect, accept, and support" a child's sexual orientation, gender identity, and gender expression.

Represented by the Alliance Defending Freedom, Bates sued, arguing that the policy unconstitutionally burdened her free exercise of religion and compelled her speech.

What the Court Ruled

The Ninth Circuit, in a 2-1 decision, reversed a lower court's denial of Bates' request for a preliminary injunction and ordered ODHS to reconsider her application without applying the discriminatory rule. The court held that Oregon's policy likely violated Bates' First Amendment rights by compelling speech based on viewpoint and burdening her religious exercise in a manner that was neither neutral nor generally applicable, triggering strict scrutiny. While acknowledging the state's interest in protecting LGBTQ+ foster youth, the majority found the blanket exclusion neither necessary nor narrowly tailored, dismissing Oregon's arguments as relying on "hypothetical harms to a hypothetical child."

"Every child deserves a loving home, and children suffer when the government excludes people of faith from the adoption and foster system," said ADF Senior Counsel and Vice President of Litigation Strategy Jonathan Scruggs, who argued before the court on behalf of Bates. "Because caregivers like Jessica cannot promote Oregon's dangerous gender ideology to young kids and take them to events like pride parades, the state considers them to be unfit parents. That is false and incredibly dangerous, needlessly depriving kids of opportunities to find a loving home. The 9th Circuit was right to remind Oregon that the foster and adoption system is supposed to serve the best interests of children, not the state's ideological crusade."

Key excerpts from the opinion underscore the ruling's emphasis on protecting religious freedom from ideological overreach:

"No one thinks, for example, that a state could exclude parents from adopting foster children based on those parents' political views, race, or religious affiliations," the 9th Circuit wrote in its ruling in Bates v. Pakseresht. "Adoption is not a constitutional law dead zone. And a state's general conception of the child's best interest does not create a force field against the valid operation of other constitutional rights."

This precedent affirms that governments cannot treat people of faith as second-class citizens or coerce them into affirming evolving state ideologies on gender and sexuality. As the court noted, less restrictive alternatives exist, such as case-by-case placements or post-adoption monitoring, rather than categorical bans. The decision aligns with broader First Amendment jurisprudence, including recent US Supreme Court rulings protecting religious expression from state coercion.

What This Means for California

California, under the Ninth Circuit's jurisdiction, faces direct scrutiny for policies that echo Oregon's now-invalidated approach. In recent years, state lawmakers have pursued measures that prioritize gender ideology affirmation in child welfare and family law, often at the expense of religious liberty and parental rights. The Bates ruling provides a powerful legal framework to challenge these, emphasizing that exclusions based on speculative future harms violate constitutional protections. Below, we examine key examples and their vulnerabilities in light of this decision.

SB 407 (2023–24): Forcing Foster Parents to Swear Allegiance to LGBT Ideology

Signed into law by Governor Gavin Newsom in September 2023, SB 407 amends California's resource family approval process to require foster parents to demonstrate an "ability and willingness" to affirm a child's sexual orientation, gender identity, and gender expression, including providing access to related resources and avoiding placements in "non-affirming" homes. Authored by Senator Scott Wiener (D-San Francisco), the bill aims to protect LGBTQ+ foster youth but effectively imposes a religious litmus test, disqualifying parents who hold traditional faith-based views on gender and sexuality unless they endorse state-mandated ideologies. As CFC highlighted during its passage, this creates an unconstitutional barrier for Christians, Jews, Muslims, and others, exacerbating California's foster family shortage while prioritizing dogma over child welfare.

Constitutional Attorney Dean Broyles, president of the National Center for Law and Policy, agrees the decision is a severe blow to SB 407. "The Ninth Circuit's ruling in Bates v. Pakseresht confirms that the First Amendment's free speech and religious free exercise clauses were violated by Oregon's bigoted law excluding Christian parents from participating in adoptions because they can't affirm LGBTQ+ identities," Broyles said. "This signals the death knell for California's SB 407, a similar statute banning religious families from bringing needy children in need into their loving homes through the foster care system. This transparent and blatant anti-Christian bigotry and hostility must go the way of the dodo. Freedom will prevail."

Read more: New CA Bill Requires Foster Parents to Swear Allegiance to LGBT Ideology

Faith Under Fire: Documenting the Purge of Christian Foster Parents in California

Since SB 407's implementation, CFC received a call from a foster father who, along with his wife, had provided temporary care to multiple young children over several years. Despite their history of offering loving homes, their social worker denied the renewal of their foster care license because they could not commit to affirming any identity a child might choose. This was a marked departure from previous practices, where their belief were accommodated, and they were not assigned LGBTQ-identified children.

Actions like this not only discriminate against people of faith but also leave vulnerable children without homes, contradicting the state's child welfare objectives.

The Bates decision clarifies that such purges are constitutionally suspect, as they impose viewpoint-based restrictions without narrow tailoring. This provides grounds for affected families to seek relief through litigation. 

Read more: Faith Under Fire: The Purge of Christian Foster Parents in California

AB 957 (2023): Attempted Mandate for Gender Affirmation in Parental Custody Decisions

Although passed by the California Legislature in 2023, AB 957 was vetoed by Governor Newsom, who cited concerns over judicial overreach in custody matters, and he wrote in his veto message that judges already have to consider "the parent's affirmation of the child's gender identity" by law in custody cases. The bill would have required judges to consider a parent's "affirmation" of a child's gender identity as a factor in determining custody and visitation, effectively penalizing non-affirming parents based on the same speculative assumptions rejected in Bates. Authored by Assemblywoman Lori Wilson (D-Vacaville), it targeted biological parents in family court, assuming that refusal to affirm constitutes potential harm, mirroring the flawed logic the Ninth Circuit deemed unconstitutional.

While the veto prevented enactment, the bill's intent highlights ongoing efforts to embed gender ideology in family law. The Bates ruling strengthens opposition to any future attempts, affirming that disqualifications rooted in hypotheticals violate First Amendment protections.

The Road Ahead: What CFC Is Doing

Building on the momentum from Bates, California Family Council is advocating for systemic change to safeguard parental rights and religious freedom. Our priorities include:

1. An immediate review and repeal of SB 407 and similar agency policies that impose ideological tests on foster and adoptive parents.  

2. Enactment of legal protections for faith-based foster and adoptive families, drawing directly from the Ninth Circuit's principles to prevent viewpoint discrimination.

3. New legislation guaranteeing that no Californian is barred from parenting, fostering, or adopting due to sincerely held beliefs grounded in faith or conscience, while ensuring child safety through evidence-based, non-speculative measures.

CFC is collaborating with legal experts, legislators, and allied organizations to develop lawsuits and bills that apply Bates' holdings to California's challenging environment. We are also supporting affected families through resources and advocacy.

A Victory for Truth, a Call to Action for California

This ruling is cause for celebration, but it demands action. California must heed the message: Religious liberty is foundational, and no one should be excluded from being a foster parent because of their religious beliefs. Subscribe for free to Breaking Christian News here

About California Family Council
California Family Council works to advance God's design for life, family, and liberty through California's Church, Capitol, and Culture. By advocating for policies that reinforce the sanctity of life, the strength of traditional marriages, and the essential freedoms of religion, CFC is dedicated to preserving California's moral and social foundation.

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