counsel

Oregon officials back off ‘gender ideology mandate’ for mom seeking to adopt #Catholic Oregon officials have agreed they will not “categorically disqualify” a Christian woman from adopting or fostering children based on her religious beliefs about gender and human sexuality, which settles a three-and-a-half-year legal battle.The Oregon Department of Human Services (ODHS) agreed to a legal settlement with Jessica Bates, who was represented by Alliance Defending Freedom (ADF). It affirms the department will not consider her religious beliefs when evaluating her application for a certification to adopt children and will not attempt to regulate her speech about gender and sexuality.“Every child deserves a loving home, and children suffer when the government excludes people of faith from foster care because of the state’s own ideological crusade,” ADF Senior Counsel Johannes Widmalm-Delphonse said in a statement following the Sept. 9 settlement.“Oregon officials turned Jessica away just because of her common-sense belief that parents should help children become comfortable with who they are instead of pushing them down a path of confusion and medicalization,” he said. “We believe this settlement is a win-win that protects constitutional rights and puts children’s interests first.”In September 2022, the ODHS denied Bates’ application because she would not comply with a state policy that requires applicants to agree they will “respect, accept and support the … sexual orientation, gender identity [and] gender expression … of a child or young adult” who is placed in the home, which ADF has characterized as a “gender ideology mandate.”Bates sued ODHS in March 2023, arguing that the policy violated her First Amendment rights to free speech and the free exercise of religion. The lawsuit stated she told the certification officer she would love any child as her own but would not facilitate a child’s gender transition through hormone therapy, use pronouns inconsistent with a child’s biological sex, or encourage gender expression inconsistent with the child’s biological sex or same-sex attraction.A federal district court initially ruled in favor of ODHS in December 2023, but an appellate panel of judges ruled in July 2025 that ODHS likely violated her constitutional rights and blocked the department from enforcing the rules against her while the lawsuit continued.Legal settlementPer the legal agreement, ODHS will allow Bates to apply for a certification and will not consider her religious views in any way.It states ODHS will not deny the application “because of her religious beliefs that sexual activity should occur only within the confines of a marriage between one man and one woman, and a person should identify and seek to live consistent with his or her biological sex.”The settlement adds that this extends to her “desire to respectfully speak about, live out, parent, and make day-to-day caregiving decisions consistent with these sincerely held religious beliefs.”Under the agreement, ODHS also cannot require her to “agree to use prescribed words or language, including chosen pronouns, to express views about sexual orientation, gender identity, or gender expression inconsistent with her religious beliefs described above as a condition of certification.”“[The] ODHS may not enforce any per se standard, rule, or policy that precludes Bates from being considered for any particular placement, based in whole or in part based on her religious belief,” the settlement agreement states.It further prohibits ODHS from disqualifying Bates from consideration for any particular child placement based on her religious beliefs.Yet, the settlement does not prevent ODHS from “deciding a child’s placement based on its individualized consideration of the child’s needs and of a foster parent’s concerns or limitations (including where religiously motivated) on their ability or willingness to meet the child’s specific needs, including with regard to their sexual orientation, gender identity, and gender expression.”The Oregon attorney general’s office referred EWTN News to the Oregon Department of Human Services for comment. The department did not respond to a request for comment.
Read More

Oregon officials back off ‘gender ideology mandate’ for mom seeking to adopt #Catholic Oregon officials have agreed they will not “categorically disqualify” a Christian woman from adopting or fostering children based on her religious beliefs about gender and human sexuality, which settles a three-and-a-half-year legal battle.The Oregon Department of Human Services (ODHS) agreed to a legal settlement with Jessica Bates, who was represented by Alliance Defending Freedom (ADF). It affirms the department will not consider her religious beliefs when evaluating her application for a certification to adopt children and will not attempt to regulate her speech about gender and sexuality.“Every child deserves a loving home, and children suffer when the government excludes people of faith from foster care because of the state’s own ideological crusade,” ADF Senior Counsel Johannes Widmalm-Delphonse said in a statement following the Sept. 9 settlement.“Oregon officials turned Jessica away just because of her common-sense belief that parents should help children become comfortable with who they are instead of pushing them down a path of confusion and medicalization,” he said. “We believe this settlement is a win-win that protects constitutional rights and puts children’s interests first.”In September 2022, the ODHS denied Bates’ application because she would not comply with a state policy that requires applicants to agree they will “respect, accept and support the … sexual orientation, gender identity [and] gender expression … of a child or young adult” who is placed in the home, which ADF has characterized as a “gender ideology mandate.”Bates sued ODHS in March 2023, arguing that the policy violated her First Amendment rights to free speech and the free exercise of religion. The lawsuit stated she told the certification officer she would love any child as her own but would not facilitate a child’s gender transition through hormone therapy, use pronouns inconsistent with a child’s biological sex, or encourage gender expression inconsistent with the child’s biological sex or same-sex attraction.A federal district court initially ruled in favor of ODHS in December 2023, but an appellate panel of judges ruled in July 2025 that ODHS likely violated her constitutional rights and blocked the department from enforcing the rules against her while the lawsuit continued.Legal settlementPer the legal agreement, ODHS will allow Bates to apply for a certification and will not consider her religious views in any way.It states ODHS will not deny the application “because of her religious beliefs that sexual activity should occur only within the confines of a marriage between one man and one woman, and a person should identify and seek to live consistent with his or her biological sex.”The settlement adds that this extends to her “desire to respectfully speak about, live out, parent, and make day-to-day caregiving decisions consistent with these sincerely held religious beliefs.”Under the agreement, ODHS also cannot require her to “agree to use prescribed words or language, including chosen pronouns, to express views about sexual orientation, gender identity, or gender expression inconsistent with her religious beliefs described above as a condition of certification.”“[The] ODHS may not enforce any per se standard, rule, or policy that precludes Bates from being considered for any particular placement, based in whole or in part based on her religious belief,” the settlement agreement states.It further prohibits ODHS from disqualifying Bates from consideration for any particular child placement based on her religious beliefs.Yet, the settlement does not prevent ODHS from “deciding a child’s placement based on its individualized consideration of the child’s needs and of a foster parent’s concerns or limitations (including where religiously motivated) on their ability or willingness to meet the child’s specific needs, including with regard to their sexual orientation, gender identity, and gender expression.”The Oregon attorney general’s office referred EWTN News to the Oregon Department of Human Services for comment. The department did not respond to a request for comment.

unitedyam

The legal settlement ensures that Jessica Bates’ religious views will not be a factor in determining whether she can adopt children.

Read More
Department of Justice says government can’t restrict funding based on religious status #Catholic The U.S. Department of Justice this week said that the government’s practice of restricting federal funding from religious activities is “presumptively unconstitutional,” paving the way for greater public funding of religious groups.Such restrictions on federal funding are made “without any compelling government interest,” the Justice Department said in an Aug. 25 memorandum opinion issued to the Office for Civil Rights in the Department of Health and Human Services. In its 2004 decision Locke v. Davey, the U.S. Supreme Court held that public authorities are free to withhold funding from programs and activities that are explicitly religious in nature. In its memorandum, however, the Justice Department’s Office of Legal Counsel said restricting federal funding based on either the religious status of an organization or the use of funds for religious purposes is “not required” under the U.S. Constitution. Such restrictions “discriminate based on anticipated religious use without any compelling governmental interest,” the memorandum said, and as a result they “violate the Free Exercise Clause.” “Use-based religious restrictions on generally available federal funding programs are presumptively unconstitutional,” the document said.The memorandum specifically addressed programs administered by the U.S. Department of Health and Human Services, which controls billions of dollars in federal funding. It was not immediately clear if the directive applied to other federal departments. A spokesman for the Justice Department did not immediately respond to a request for comment. The religious freedom legal group First Liberty, meanwhile, hailed the memorandum as “a major victory for religious liberty.” Faith-based organizations and schools “can now apply for and utilize federal grants without scrubbing the religious aspects of their programs,” the group said. First Liberty argued that opinions from the Office of Legal Counsel “serve as binding legal guidance for the executive branch,” meaning the memo “effectively instructs all federal agencies to rewrite their grant-making rules to align with this new standard.”The group noted that one of its network attorneys is Joshua Davey, part of the namesake of the 2004 Supreme Court case that established the precedent of restricting federal funds for religious activities and groups. That decision “has never been formally overturned,” First Liberty said, but “that could change in the very near future.”
Read More

Department of Justice says government can’t restrict funding based on religious status #Catholic The U.S. Department of Justice this week said that the government’s practice of restricting federal funding from religious activities is “presumptively unconstitutional,” paving the way for greater public funding of religious groups.Such restrictions on federal funding are made “without any compelling government interest,” the Justice Department said in an Aug. 25 memorandum opinion issued to the Office for Civil Rights in the Department of Health and Human Services. In its 2004 decision Locke v. Davey, the U.S. Supreme Court held that public authorities are free to withhold funding from programs and activities that are explicitly religious in nature. In its memorandum, however, the Justice Department’s Office of Legal Counsel said restricting federal funding based on either the religious status of an organization or the use of funds for religious purposes is “not required” under the U.S. Constitution. Such restrictions “discriminate based on anticipated religious use without any compelling governmental interest,” the memorandum said, and as a result they “violate the Free Exercise Clause.” “Use-based religious restrictions on generally available federal funding programs are presumptively unconstitutional,” the document said.The memorandum specifically addressed programs administered by the U.S. Department of Health and Human Services, which controls billions of dollars in federal funding. It was not immediately clear if the directive applied to other federal departments. A spokesman for the Justice Department did not immediately respond to a request for comment. The religious freedom legal group First Liberty, meanwhile, hailed the memorandum as “a major victory for religious liberty.” Faith-based organizations and schools “can now apply for and utilize federal grants without scrubbing the religious aspects of their programs,” the group said. First Liberty argued that opinions from the Office of Legal Counsel “serve as binding legal guidance for the executive branch,” meaning the memo “effectively instructs all federal agencies to rewrite their grant-making rules to align with this new standard.”The group noted that one of its network attorneys is Joshua Davey, part of the namesake of the 2004 Supreme Court case that established the precedent of restricting federal funds for religious activities and groups. That decision “has never been formally overturned,” First Liberty said, but “that could change in the very near future.”

unitedyam

Such restrictions on federal funding are made “without any compelling government interest,” the Justice Department said in a memorandum opinion.

Read More
Student asks Supreme Court to overturn ruling blocking public aid for religious studies #Catholic Representatives for Liberty University student Bethany Hall have filed a petition to the U.S. Supreme Court to reverse a decades-old court decision that has been used to bar Catholic institutions from receiving state funds.The National Legal Foundation, Claybrook LLC, Troutman Pepper Locke, First Liberty Institute, and Alliance Defending Freedom filed the petition on Aug. 11. The filing follows a May 13 ruling by a 4th U.S. Circuit Court of Appeals panel that rejected Hall’s attempt to sue Virginia officials for blocking her from using a ,000 Virginia Tuition Assistance Grant for a youth ministries degree, citing the 2004 Supreme Court decision Locke v. Davey.“It is odious to our Constitution for a state to fund a degree in music but refuse to fund a degree in music & worship,” Steven Fitschen of National Legal Foundation said in a press release announcing the petition. “The Free Exercise clause is meant to encourage and even prefer religion. But Virginia’s decision to deny funding based upon religious use is the type of hostility toward religion rejected by the First Amendment.”Diocese of Scranton reopens St. Pius X Seminary after over 20 yearsSt. Pius X Seminary in the Diocese of Scranton, Pennsylvania, has been reestablished 22 years after its closure in 2004 due to a declining number of vocations to the priesthood.Bishop Joseph Bambera presided over the seminary’s official opening on Aug. 23, welcoming four seminarians to the freshly renovated building that was formerly the Cathedral Convent building, according to a press release from the diocese.“As we re-establish the ministry of Saint Pius X Seminary, what an incredible gift this is,” Bambera said during his homily at the seminary’s first Mass, according to the release. Bambera had been a seminarian at St. Pius X Seminary in Dalton 48 years ago.The release noted that the decision to reestablish the seminary came from Bambera’s wish “to make the first stage of priestly formation more closely connected to the Diocese of Scranton and the people the seminarians may one day serve.”“We are excited because it’s going to give these men, as they start seminary, an opportunity to get to know the Diocese better,” Father Alex Roche, diocesan secretary for clergy formation and rector of St. Pius X Seminary, said in the release. “It’s also going to give the people of the Diocese a chance to get to know our seminarians before they go elsewhere to continue their studies in theology.”Justice Barrett to speak at Benedictine College’s library dedicationSupreme Court Justice Amy Coney Barrett will deliver a speech at the upcoming dedication of Benedictine College’s Independence Hall-inspired library on Sept. 26.“This is an exciting milestone for Benedictine College,” Benedictine College President Stephen D. Minnis said in a press release on Aug. 25. “The library will not only demonstrate our commitment to academic excellence and the Catholic Intellectual Tradition, but it will also be a symbol of our love for this great country of ours.”“The college is pleased to have Justice Barrett as part of the dedication ceremony,” the press release said, noting that the dedication for the Moritz Library in D’Aniello Hall will be free and open to the public.Barrett earned her bachelor’s degree from Rhodes College and her law degree from the University of Notre Dame.Students revive 1982 robotic arm at Catholic University despite lost documentationA group of students from The Catholic University of America have brought to life a robotic space arm built in 1982 after documentation for the piece of technology has been lost for years.Originally developed by Engineering Dean Emeritus and Ordinary Professor Charles Cuong Nguyen, the arm had been part of a pioneering technological effort to build the International Space Station, according to the university’s press release on Aug. 12.The project to revive the arm, which is capable of a wide range of precise movements within a thousandth of an inch, was carried out by three students, including a high school Da Vinci Scholar, and was led by Nguyen. The students included Saliha Kavafogolu, an undergraduate intern from Yale University; Nathan Arega, a high school Da Vinci Scholar; and Ha (Jessica) Ngo-Tang, a biomedical engineering doctoral candidate.California parents ask Supreme Court to overturn ruling excluding them from state programThree California parents have asked the U.S. Supreme Court to overturn a decision by the U.S. Court of Appeals for the 9th Circuit to exclude them from a state program over the religious materials they chose to home-school their children.“The Ninth Circuit declared the homes of these parents to be ‘public school programs’ in order to justify the state’s religious discrimination,” Hiram Sasser, executive general counsel for First Liberty Institute, said in an Aug. 20 press release. “Parents should not be punished for choosing quality religious curriculum meeting the state’s standard that they teach to their own children in their own home just because it’s religious.”The state of California’s tuition-free charter schools allow parents to home-school their children and have access to state funds to purchase curriculum. However, the press release notes, parents “can’t select a religious curriculum, even if they purchase it with their own funds, and their children’s work samples are rejected if they include religious wording or derive from materials created by religious publishers.”The petition states that “California’s policy singles out parents who wish to give their children a faith-based education and excludes them from homeschooling benefits and support extended to other California families.”
Read More

Student asks Supreme Court to overturn ruling blocking public aid for religious studies #Catholic Representatives for Liberty University student Bethany Hall have filed a petition to the U.S. Supreme Court to reverse a decades-old court decision that has been used to bar Catholic institutions from receiving state funds.The National Legal Foundation, Claybrook LLC, Troutman Pepper Locke, First Liberty Institute, and Alliance Defending Freedom filed the petition on Aug. 11. The filing follows a May 13 ruling by a 4th U.S. Circuit Court of Appeals panel that rejected Hall’s attempt to sue Virginia officials for blocking her from using a $5,000 Virginia Tuition Assistance Grant for a youth ministries degree, citing the 2004 Supreme Court decision Locke v. Davey.“It is odious to our Constitution for a state to fund a degree in music but refuse to fund a degree in music & worship,” Steven Fitschen of National Legal Foundation said in a press release announcing the petition. “The Free Exercise clause is meant to encourage and even prefer religion. But Virginia’s decision to deny funding based upon religious use is the type of hostility toward religion rejected by the First Amendment.”Diocese of Scranton reopens St. Pius X Seminary after over 20 yearsSt. Pius X Seminary in the Diocese of Scranton, Pennsylvania, has been reestablished 22 years after its closure in 2004 due to a declining number of vocations to the priesthood.Bishop Joseph Bambera presided over the seminary’s official opening on Aug. 23, welcoming four seminarians to the freshly renovated building that was formerly the Cathedral Convent building, according to a press release from the diocese.“As we re-establish the ministry of Saint Pius X Seminary, what an incredible gift this is,” Bambera said during his homily at the seminary’s first Mass, according to the release. Bambera had been a seminarian at St. Pius X Seminary in Dalton 48 years ago.The release noted that the decision to reestablish the seminary came from Bambera’s wish “to make the first stage of priestly formation more closely connected to the Diocese of Scranton and the people the seminarians may one day serve.”“We are excited because it’s going to give these men, as they start seminary, an opportunity to get to know the Diocese better,” Father Alex Roche, diocesan secretary for clergy formation and rector of St. Pius X Seminary, said in the release. “It’s also going to give the people of the Diocese a chance to get to know our seminarians before they go elsewhere to continue their studies in theology.”Justice Barrett to speak at Benedictine College’s library dedicationSupreme Court Justice Amy Coney Barrett will deliver a speech at the upcoming dedication of Benedictine College’s Independence Hall-inspired library on Sept. 26.“This is an exciting milestone for Benedictine College,” Benedictine College President Stephen D. Minnis said in a press release on Aug. 25. “The library will not only demonstrate our commitment to academic excellence and the Catholic Intellectual Tradition, but it will also be a symbol of our love for this great country of ours.”“The college is pleased to have Justice Barrett as part of the dedication ceremony,” the press release said, noting that the dedication for the Moritz Library in D’Aniello Hall will be free and open to the public.Barrett earned her bachelor’s degree from Rhodes College and her law degree from the University of Notre Dame.Students revive 1982 robotic arm at Catholic University despite lost documentationA group of students from The Catholic University of America have brought to life a robotic space arm built in 1982 after documentation for the piece of technology has been lost for years.Originally developed by Engineering Dean Emeritus and Ordinary Professor Charles Cuong Nguyen, the arm had been part of a pioneering technological effort to build the International Space Station, according to the university’s press release on Aug. 12.The project to revive the arm, which is capable of a wide range of precise movements within a thousandth of an inch, was carried out by three students, including a high school Da Vinci Scholar, and was led by Nguyen. The students included Saliha Kavafogolu, an undergraduate intern from Yale University; Nathan Arega, a high school Da Vinci Scholar; and Ha (Jessica) Ngo-Tang, a biomedical engineering doctoral candidate.California parents ask Supreme Court to overturn ruling excluding them from state programThree California parents have asked the U.S. Supreme Court to overturn a decision by the U.S. Court of Appeals for the 9th Circuit to exclude them from a state program over the religious materials they chose to home-school their children.“The Ninth Circuit declared the homes of these parents to be ‘public school programs’ in order to justify the state’s religious discrimination,” Hiram Sasser, executive general counsel for First Liberty Institute, said in an Aug. 20 press release. “Parents should not be punished for choosing quality religious curriculum meeting the state’s standard that they teach to their own children in their own home just because it’s religious.”The state of California’s tuition-free charter schools allow parents to home-school their children and have access to state funds to purchase curriculum. However, the press release notes, parents “can’t select a religious curriculum, even if they purchase it with their own funds, and their children’s work samples are rejected if they include religious wording or derive from materials created by religious publishers.”The petition states that “California’s policy singles out parents who wish to give their children a faith-based education and excludes them from homeschooling benefits and support extended to other California families.”

unitedyam

A student challenges a 2004 Supreme Court decision, the Diocese of Scranton reopens its seminary, and Benedictine College names a speaker for its library dedication in this week’s education roundup.

Read More