The widespread cultural divide among Americans was evident in a recent First Amendment case in Washington. A Christian foster family from the Evergreen State said their speech and religious liberties were violated by state policies demanding they employ gender pronouns and affirm the sexual orientation of their foster charges. The resulting settlement seeks to protect religious liberties while also supporting the self-identification of gender, orientation, etc., by minors in need of an affirming home.
Brave Foster Plaintiffs
Shane and Jennifer DeGross are devout Christians who served as licensed foster parents in Washington from 2013 to 2022, caring for four children. The onslaught of trans ideology and a world in which toddlers allegedly proclaim their “true” gender yielded regulations in Washington and many other states that required foster parents to agree that they would “affirm” a child’s sexual orientation, gender identity, and expression (called “SOGIE”), regardless of whether a particular child actually articulated any such desires. That is, the laws are imposed “just in case” a child decides to transition or declare themself gay, bi, trans, etc.
The DeGrosses told the truth to state employees: They could not agree to such restrictions because they believe that “a person’s biological sex is an immutable characteristic” and that “as image bearers of God, a person should live consistent with their God-given sex rather than contrary to God’s design.” The state of Washington then denied them a license, later issuing a limited license, which the couple still found hostile to their faith.
The DeGrosses brought suit in federal court with the assistance of Alliance Defending Freedom (ADF), alleging the state had violated their First Amendment rights to freedom of religion and expression. The state sought to dismiss the complaint, alleging the plaintiffs had no legitimate cause of action. Ruling in favor of the plaintiffs, the court stated:
“….Policy § 1520 restricts certain speech by prospective parents on the topic of SOGIE, while requiring speech that aligns with the state’s perspective…. In essence, the Department has forced the DeGrosses to choose between forfeiting their freedom of speech to obtain an unrestricted license, or upholding their beliefs surrounding SOGIE, and receiving a less-favorable license subject to certain restrictions. The DeGrosses have carried their burden to show that the Department’s enforcement of Policy § 1520 plausibly constitutes impermissible viewpoint discrimination.”
Freedom of Religion Endures
The US Constitution is designed to prevent government intrusion into citizens’ subjective beliefs, particularly regarding religious or political views. State foster care services place agencies in the midst of the culture war created by novel theories about mutable gender, infinite pronouns, and endless prideful celebration of sexual behaviors. Some parents may wish to encourage such thinking and behaviors in very young children; some (including conservative Christians) are inclined otherwise. In seeking to split this proverbial baby in half for foster parenting, the court noted: “The situation would be no different if the state had restricted parental speech favoring more ‘progressive’ views of sexuality and gender identify, while compelling speech along the lines of [the DeGrosses’] more traditional understanding.” [citation omitted.]
Hellbound and Down 