Summary
The Ninth Circuit reversed the district court’s denial of Jessica Bates’s motion for a preliminary injunction in her challenge to Oregon’s foster-care adoption certification policy. The court held that applying Oregon Administrative Rule § 413-200-0308(2)(k) to Bates triggered strict scrutiny under both the Free Speech and Free Exercise Clauses and directed the district court to enjoin the Oregon Department of Human Services from deeming her ineligible to adopt based on her religious objections. A dissent would have applied intermediate scrutiny to the speech claim and rational-basis review to the free-exercise claim.
Topics
Practice areas
Questions Presented
- Whether Oregon's application of Oregon Administrative Rule § 413-200-0308(2)(k) to Bates restricted or compelled speech based on content and viewpoint, requiring strict scrutiny under the First Amendment.
- Whether Oregon's application of the policy burdened Bates's religious exercise and was neither neutral nor generally applicable, requiring strict scrutiny under the Free Exercise Clause.
- Whether Oregon's categorical denial of Bates's eligibility to adopt any child from the foster-care system was narrowly tailored to serve a compelling state interest.
- Whether Bates was entitled to a preliminary injunction on her as-applied First Amendment claims.
Holdings
- Oregon's application of § 413-200-0308(2)(k), as reflected in the RAFT materials and the denial of Bates's application, restricted and compelled speech based on content and viewpoint concerning sexual orientation, gender identity, and gender expression. Strict scrutiny therefore applied.
- Oregon's application of § 413-200-0308(2)(k) burdened Bates's religious exercise and was neither neutral nor generally applicable. Strict scrutiny therefore applied to her Free Exercise Clause claim.
- Oregon's categorical denial of Bates's eligibility to adopt any child from the foster-care system did not survive strict scrutiny as applied to her.
- Bates demonstrated likely success on the merits, irreparable harm, and that the remaining preliminary-injunction factors favored her, warranting preliminary injunctive relief.
Key quotations
“We hold that Oregon’s policy violates the First Amendment as applied to Bates. We reverse the district court’s denial of preliminary injunctive relief and direct that a preliminary injunction be entered.” (8)
“We hold that Oregon’s application of § 413-200-0308(2)(k) to Bates, in denying her certification to be an adoptive parent, triggers strict scrutiny for both her free speech and free exercise claims.” (24)
“In light of the availability of other viable options, which Oregon has yet to consider for Bates, it is not narrowly tailored to preclude Bates from adopting any child based on her religious objections to § 413-200-0308(2)(k).” (57-58)
Factual background
Jessica Bates, a devout Christian and widowed mother, applied to become certified to adopt two young children from Oregon's foster-care system. Oregon required applicants to respect, accept, and support a child's sexual orientation, gender identity, and gender expression, with the state's expectations explained in Resource and Adoptive Families Training materials. Bates stated that her religious beliefs prevented her from affirming a child's gender identity when it conflicted with biological sex, using preferred pronouns in those circumstances, and taking a child to gender-transition medical appointments. ODHS denied her certification under Oregon Administrative Rule § 413-200-0308(2)(k).
Procedural history
Bates applied to become certified to adopt children from Oregon's foster-care system. After she objected on religious grounds to aspects of Oregon's policy concerning sexual orientation, gender identity, and gender expression, the Oregon Department of Human Services denied her application. Bates sued Oregon officials under 42 U.S.C. § 1983 and sought a preliminary injunction. The district court denied relief, concluding that the free-exercise claim received rational-basis review and that the policy survived strict scrutiny as applied to the free-speech claim. The Ninth Circuit reversed and remanded.
Remand instructions
The district court must enter a preliminary injunction enjoining ODHS from applying Oregon Administrative Rule § 413-200-0308(2)(k) to Bates in deeming her ineligible for certification as an adoptive parent.