A federal court in Washington state has issued a permanent injunction against the Washington Department of Children, Youth and Families (DCYF), prohibiting the agency from denying or restricting foster care licenses based solely on applicants' religious beliefs concerning marriage, gender, or sexuality. The ruling stems from a legal challenge brought by Shane and Jennifer DeGross, a Christian couple who sued the state after their foster care license renewal was conditioned on affirming transgender ideology.
"We’re going to have disagreements about gender ideology and the truth about how God created us male and female. That wasn’t the purpose of this lawsuit. The purpose was, despite these differences, can DCYF pursue a big tent strategy that’s both in line with the First Amendment of the Constitution and that will promote children’s best interest to make sure every child has a loving home?" — Johannes Widmalm-Delphonse, ADF Senior Counsel
The dispute originated in 2022 when the DeGross family, who had served as foster parents for nearly nine years, was informed by DCYF that their license renewal would require them to agree to use preferred pronouns and affirm gender-transition concepts for any foster children placed in their home. The couple refused these demands, asserting that they violated their deeply held Christian beliefs and First Amendment rights. Their refusal led to a protracted legal battle that eventually escalated to federal court.
In the U.S. District Court for the Western District of Washington, U.S. District Judge David Estudillo ultimately sided with the DeGross family. Judge Estudillo issued a permanent injunction, mandating that "DCYF is prohibited from denying foster family home license applicants, or licensed foster parents seeking renewal of their license, a full license consistent with the requests of the applicant/licensee or attaching any conditions or restrictions to the license solely because of their religious beliefs."
This decision represents a notable setback for progressive gender policies within Washington’s foster care system and a significant win for organizations advocating for religious liberty. The DeGross family received assistance from Alliance Defending Freedom (ADF), a prominent Christian legal group, in their 2024 lawsuit after negotiations with the state failed. ADF Senior Counsel Johannes Widmalm-Delphonse clarified the intent behind the lawsuit, stating it was not about hostility towards transgender individuals.
"We’re going to have disagreements about gender ideology and the truth about how God created us male and female," Widmalm-Delphonse said. "That wasn’t the purpose of this lawsuit. The purpose was, despite these differences, can DCYF pursue a big tent strategy that’s both in line with the First Amendment of the Constitution and that will promote children’s best interest to make sure every child has a loving home?"
As part of the resolution, the state of Washington agreed to settle the case, which includes paying approximately $250,000 in legal fees. The state’s initial stance drew strong criticism from some lawmakers, including Washington state Representative Travis Couture (R). Couture characterized the DCYF’s original position as unconstitutional government coercion.
"They’re not even asking them, but actually they are by the force of government, like a gun to your head, telling you that you will affirm the pronouns, or you can’t be a foster parent," Couture stated. "I’m glad they lost, but sad that it ever occurred."
ADF reiterated that the ruling ensures religious families can continue to participate in foster care without compromising their core beliefs. The organization noted, "As Christians, Shane and Jenn believe that God created each person either male or female and that sex cannot be changed. Their Christian beliefs inform their view that people should live consistent with God’s design."
This case in Washington state occurs amidst ongoing legal challenges across the United States, where conflicts between religious liberty protections and evolving transgender policies are surfacing in various sectors, including schools, foster systems, and government agencies. For the time being, Washington state officials have formally retracted their previous requirements, a move that conservatives are highlighting as one of the most substantial court defeats to date for state-enforced gender ideology mandates. The federal court's refusal to dismiss the DeGross's lawsuit and the subsequent injunction underscore the judiciary's role in adjudicating such complex intersections of rights and policy.
