Attorneys with the legal advocacy group Alliance Defending Freedom (ADF) announced this month that Bates would be filing an appeal on that ruling with the U.S. Court of Appeals for the 9th Circuit, with ADF Legal Counsel Johannes Widmalm-Delphonse describing Bates as “a loving mother who feels called to adopt siblings under the age of 10 from foster care.”
Despite that, “the state of Oregon is categorically excluding her from adopting any child because Jessica shares a view held by millions of Americans: that boys and girls are biologically different and should cherish that difference, not reject it,” Widmalm-Delphonse said.
“Because Jessica will not promote Oregon’s radical gender ideology to children under the age of 10, the state considers her an unfit parent and has deprived hundreds, if not thousands, of children in Oregon’s system of the opportunity to be raised in a loving home,” the lawyer argued.
Widmalm-Delphonse said ADF was urging the 9th Circuit “to allow Jessica to continue her adoption journey and provide a loving home to children in need.”
Bates’ lawsuit argued that the state’s regulations on sexuality and pronouns violate her First Amendment right to free speech because they restrict how she would raise an adoptive child.
Lawyers with ADF argued that “sharing her faith with her children” and “refrain[ing] from certain speech like neopronouns” is protected speech under the First Amendment.