Bates v. Pakseresht

Jessica Bates, who lost her husband in 2017, is now a widow raising five children in eastern Oregon. One day, Jessica heard a Christian radio program discussing adoption and felt moved to help children in need. Despite raising five children on her own, Jessica felt called to pursue the Christian tradition of caring for orphans, specifically siblings, so they could remain together.

In 2022, Jessica began the application process to adopt in Oregon. Unfortunately, Jessica was confronted by officials’ disapproval of her biblical beliefs about human sexuality. According to Oregon Department of Human Services rules, those seeking to adopt must “accept” and “support” the sexual orientation and gender identity of any child the state could place in their home. This means parents must agree to use a child’s preferred pronouns, take children to LGBT events like Pride parades, and facilitate a child’s access to dangerous pharmaceutical interventions like puberty blockers and hormone shots that can potentially sterilize a child. Jessica responded that she will gladly care for and accept any child for who they are, but she cannot say or do anything that goes against her Christian faith. As a result, Oregon denied her application to foster or adopt, discriminating against her religious views.

Alliance Defending Freedom represents Jessica in a lawsuit against Oregon’s Department of Human Services to stop its religious discrimination and to allow Jessica to help children in need.

Case timeline

• March 2022: Jessica began the process of applying to become certified to adopt a child from Oregon’s foster care system.
• September 2022: Oregon denied Jessica’s application because of her religious beliefs.
• March 2023: ADF filed a federal complaint on Jessica’s behalf.
• December 2023: After a federal district court ruled against Jessica, ADF attorneys appealed her case to the U.S. Court of Appeals for the 9th Circuit, asking the court to allow Jessica to access Oregon’s adoption system free of discrimination while her lawsuit continues.
• July 2025: The U.S. Court of Appeals for the 9th Circuit ruled that Jessica Bates is free to begin the process of adopting siblings from foster care without violating her religious beliefs about human sexuality while her lawsuit against state officials continues.