Washington law forcing Christian foster parents to embrace LGBT ideology may be discriminatory: judge
April 28, 2026
A federal court in Washington State has denied a motion to dismiss a lawsuit filed by a Christian couple who were denied an unrestricted foster license by the state because they wouldn’t adhere to LGBT ideology.
The Christian Post reports that Judge David G. Estudillo of the U.S. District Court for the Western District of Washington on Wednesday denied a motion by the state to dismiss a lawsuit filed by Jennifer and Shane DeGross over the Washington Department of Children, Youth and Families’ refusal to grant them a full foster care license.
DeGrosses had served as foster parents in Washington from 2013 to 2022 but when they sought to renew their license in 2022, they learned of a state requirement that foster parents provide children “with resources that supports and affirms their needs regarding” sexual orientation, gender identity and expression.”
That requirement would also have compelled the couple to agree to use trans-identified children’s “pronouns and chosen name, and respect the child’s right to privacy concerning their [gender identity].”
The DeGrosses lost their license after they informed the licensing agency that they could not agree to this provision because of their deeply held religious beliefs about sexuality and gender.
The couple filed a complaint in 2024, alleging violations of their rights to freedom of religion under the First Amendment to the U.S. Constitution and the Equal Protection Clause of the Fourteenth Amendment.
According to the Christian Post, in early 2025, the DeGrosses submitted a foster care application with a waiver clarifying their intention to “avoid the use of pronouns which are contrary to the child’s biological sex.”
The couple also agreed to undergo training “so long as they [were] not required to change their sincerely held religious beliefs.”
The state approved the waiver request, limiting the DeGrosses to caring for children ages 2 to 5 and allowing them to care for older children only on a short-term basis.
The DeGrosses filed an amended complaint accusing state officials of violating their free speech, free exercise and free association rights under the First Amendment, as well as the Equal Protection Clause of the 14th Amendment.
The court concluded that the free speech and free exercise claims have merit and will allow the couple to file an amended complaint by May 13, enabling the lawsuit to continue.
The Alliance Defending Freedom (ADF), a nonprofit legal organization which represents the DeGrosses, remains optimistic that the policy will ultimately be found unconstitutional.
Photo: top, Credit: Alliance Defending Freedom