Oregon promises safe homes for LGBTQ+ foster kids, but just dropped a requirement to support their identities

Oregon will no longer require prospective foster and adoptive parents to agree in advance to affirm a child’s sexual orientation or gender identity.

The change follows a settlement between the Oregon Department of Human Services and Jessica Bates, who was represented by the conservative legal group Alliance Defending Freedom. The state has removed the affirmation requirement from its rules, though officials say they can still consider a child’s individual needs when deciding where to place them.

Bates, a widowed mother of five, sued in 2023 after the state deemed her ineligible to adopt children from foster care because she would not agree to support a child’s LGBTQ+ identity. In July 2025, the U.S. Court of Appeals for the Ninth Circuit ruled that Oregon could not apply that requirement to Bates while her case proceeded. The settlement allows her to seek approval as an adoptive parent; it does not grant her a license or place a child in her care.

Related: Anti-LGBTQ+ mom in Oregon wins right to potentially adopt LGBTQ+ kids

“I never dreamt it would lead to a years-long lawsuit,” Bates said in a statement released by Alliance Defending Freedom.

Oregon officials say the rule change does not take a child’s sexual orientation or gender identity out of 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 change. “LGBTQ+ youth in foster care deserve safe and affirming homes,” Kyndall Mason, the group’s executive director, told the Chronicle. The group said the settlement could allow prospective parents who would reject a child’s identity to remain eligible for consideration.

Related: Oregon’s newest Republican lawmaker says LGBTQ+ support is akin to child abuse

Research underscores the stakes for children placed in foster homes. 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.”