Washington state has agreed to revise its foster care licensing rules to address conflicts between gender identity requirements and the religious freedom claims of foster parents, a settlement reached after a legal challenge by a Christian couple. The agreement follows a dispute initiated in 2022 by Shane and Jennifer DeGross, who sought to renew their foster care license but found the state had updated its requirements concerning gender identity and human sexuality.
The DeGrosses stated that while they were willing to care for any child placed in their home, they could not comply with state-imposed requirements to affirm specific views on gender identity, which they said conflicted with their Christian faith. Jennifer DeGross told Fox News Digital that the state required foster parents to affirm and support LGBTQ children, including expectations regarding the use of preferred names and pronouns. The couple challenged these policies on religious freedom grounds.
During the dispute, Washington state partially reinstated the DeGrosses' license but imposed a restriction on the ages of children they could foster. Jennifer DeGross noted that under this restriction, any child reaching age five had to be removed from their home. She argued that such a rule could disrupt a child's placement even after years of living with a foster family, stating that removal based solely on age was not in the best interest of the children.
Johannes Widmalm-Delphonse, senior counsel at Alliance Defending Freedom, said the settlement should serve as a lesson for other states to respect First Amendment rights. He argued that states must invite as many foster parents as possible into the system and then match children to families based on individual needs and family comfort levels. Widmalm-Delphonse referenced the Bates v. Pakseresht decision alongside this settlement as evidence that states must balance free speech rights with the goal of expanding the pool of available caregivers.
Following the settlement, Washington state proposed regulation WSR 26-20-103, which is currently undergoing public notice and comment. Widmalm-Delphonse said this new rule would provide foster parents with a religious exemption from any rule requiring them to violate their beliefs regarding gender or sexuality. Shane DeGross described the outcome as a victory that allows more Christians to participate in foster care without fear of exclusion due to their religious beliefs.
Tana Senn, Secretary of the Washington State Department of Children, Youth, and Families, said in a news release that the settlement respects the religious beliefs of foster parents while ensuring LGBTQIA+ youth are placed in safe environments that support their well-being. The department expressed pride in the diversity of its foster parent and kinship caregiver community, including those with different cultures, religious beliefs, and lived experiences.