Oregon
Appeals court hears arguments in Oregon lawsuit on DHS protections for LGBTQ kids • Oregon Capital Chronicle
A federal appeals panel heard arguments Tuesday in a Malheur County woman’s lawsuit that challenges state adoption rules intended to protect LGBTQ children on the basis of religious and free speech rights.
Jessica Bates, who lives in Vale, sued the state in U.S. District Court in Portland in April 2023 after the Oregon Department of Human Services blocked her from qualifying as an adoptive parent. The state requires adoptive parents to support LGBTQ children they adopt – something that goes against Bates’ Christian views. Bates has said she believes marriage is between a man and a woman and God created people to embrace their gender, not change it.
The state stopped her application and Bates sued, seeking a court order to overturn the state rule and allow her to continue the process. The district court denied Bates’ request for a preliminary injunction to proceed with an adoption while the legal challenge to overturn the state rule proceeds.
Bates’ appeal of that decision was heard Tuesday by the 9th Circuit Court of Appeals.
The case centers on parental and children’s rights and pits a deeply religious widowed woman with five biological children against a state rule designed to protect vulnerable children. It has broad implications and could end up in the U.S. Supreme Court, potentially affecting tens of thousands of families nationwide. Similar cases are pending in Washington state and Vermont.
Jonathan Scruggs, senior counsel with Alliance Defending Freedom, represents Bates. The Arizona-based organization takes on cases across the nation with a focus on religious freedom, some involving abortion and LGBTQ issues.
During the livestreamed Seattle hearing, Scruggs argued that Oregon’s rule impacts others besides Bates, regardless of their religion. For example, Orthodox Jewish parents with similar beliefs about marriage could not adopt an Orthodox Jewish child under Oregon’s rule, he said.
“The system is about taking care and placing every child,” Scruggs said. “It’s not about any particular child. And that’s the whole nature of the system. It’s to have a diversity of views so that you can match children with the best family.”
Scruggs also pointed to a federal rule – finalized under the Biden administration – that designates qualified providers for gay or transgender children without penalizing foster parents who do not care for them. That rule became effective in July.
“Oregon has categorically excluded applicants up front, and really taken away the choice,” Scruggs said.
Philip Thoennes, an Oregon Department of Justice attorney representing the state, said the district court’s denial should remain in place.
Thoennes argued that the rule does not hinder constitutionally guaranteed free speech rights and is focused more broadly on the conduct of parents with children. So while speech is part of a parent’s expected conduct with children, that is just one aspect, he said.
Expectations for parents to support children and their identities encompass other areas, such as supporting a child’s choice in clothing and hairstyle, he said.
“There are myriad ways that a foster parent, or any parent, for that matter, any caregiver, provides child care,” Thoennes said.
The Oregon Department of Human Services rule only applies to state adoptions, not private ones.
First Amendment argument
The appeals court could side with the district court’s ruling or overrule it, which would allow Bates to continue the adoption process. In either case, the suit will be kicked back to the district court to decide the legality of the state’s rule.
“Anytime you have a government entity excluding people because of their religious views and then compelling them to speak things that violate their core convictions, that goes to the heart of the First Amendment,” Scruggs said in an interview with the Capital Chronicle.
Scruggs said Oregon needs an adoptive system that works for all children of diverse backgrounds, pointing to Oregon’s long inability to placer foster children, sometimes boarding them in hotels.
“Oregon is basically saying we would rather put children in hotel rooms than be exposed to these loving families,” Scruggs said. “It’s just an egregious violation of the First Amendment.”
The Oregon Department of Human Services declined to make its attorneys or foster system officials available to answer questions.
In an email, agency spokesperson Jake Sunderland declined to comment on the lawsuit, but said the agency’s practices are aimed at inclusivity that takes into account the well-being of children of all backgrounds.
“At a time when gender diverse people, policies, and laws are under attack, it is important to reinforce our values and practices related to the children and families we serve,” he said in an email. “We are committed to creating a safe and supportive environment for all children and young people, regardless of their gender identity.”
GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Watch video of high seas rescue off Oregon coast
A cruise ship, the Silver Whisper, rescued a Canadian man whose vessel broke down nearly 500 miles off the Oregon coast May 26.
A cruise ship rescued a Canadian man stranded on his boat nearly 500 miles of the Oregon coast on May 26, the U.S. Coast Guard said.
The 74-year-old man, who the agency did not name, was sailing from Hawaii to British Columbia when his vessel ran into gale-force winds and 30-foot high waves. The 29-foot boat’s engine failed and the mast broke, injuring the man’s shoulder.
He’s made the same trip four times before, Coast Guard officials said, and had food, water, a life raft and a life jacket on board. The mariner used his handheld satellite communicator to contact the U.S. Coast Guard’s Northwest District, which the agency used to track him.
He was rescued 489 miles off the coast of Tillamook.
“This mariner’s experience and preparedness allowed the Coast Guard and other agencies to communicate with him and effect a rescue,” Coast Guard Northwest District Search and Rescue Program Manager Scott Giard said. “His foresight to bring a satellite communicator averted a tragedy.
Coast Guard officials deployed a C-27J cargo plane from Sacramento, California, to function as their “eye in the sky” as they coordinated the rescue because he was so far from the shore.
The plane assessed the state of the sea and the damage to the vessel. It was also equipped with life rafts, communication gear and rations that could sustain a survivor while responders coordinate the rescue, officials said.
Coast Guard officials contacted a cruise ship, the Silver Whisper, that went 120 off its charted course to rescue the stranded Canadian man. The Coast Guard found the Silver Whisper by tapping into its Automated Mutual-Assistance Vessel Rescue system, a global network that tracks the positions of commercial ships that participate in the program.
Eder Campuzano is the local news editor for the Statesman Journal. He can can be reached at ecampuzano@statesmanjournal.com. Find him on Bluesky at @ederc.bsky.social or Threads @ederc.
The Oregon Lottery offers several draw games for those aiming to win big.
Here’s a look at May 29, 2026, results for each game:
Winning Mega Millions numbers from May 29 drawing
19-24-47-59-65, Mega Ball: 07
Check Mega Millions payouts and previous drawings here.
Winning Pick 4 numbers from May 29 drawing
1PM: 6-7-9-9
4PM: 4-3-8-0
7PM: 1-2-5-0
10PM: 3-9-9-3
Check Pick 4 payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
When are the Oregon Lottery drawings held?
- Powerball: 7:59 p.m. on Monday, Wednesday and Saturday.
- Mega Millions: 7:59 p.m. on Tuesday and Friday.
- Pick 4: 1 p.m., 4 p.m., 7 p.m. and 10 p.m. daily.
- Win for Life: 7:30 p.m. on Monday, Wednesday, and Saturday.
- Megabucks: 7:29 p.m. on Monday, Wednesday, and Saturday.
This results page was generated automatically using information from TinBu and a template written and reviewed by an Oregon editor. You can send feedback using this form.
SALEM, Ore. (KATU) — Oregon’s childhood vaccination rates have fallen to their lowest levels on record, while the number of parents claiming nonmedical vaccine exemptions continues to climb, according to newly released data from the Oregon Health Authority.
The agency reported on Thursday that 85.6% of Oregon kindergarteners were up to date on required vaccines during the 2025-26 school year.
At the same time, the nonmedical exemption rate reached a record high of 10.9%.
State health officials say the trend is raising concerns about the potential for outbreaks of highly contagious diseases, including measles and whooping cough.
“Although the vast majority of families in Oregon are still choosing to protect families through vaccination, the downward trends are deeply concerning,” said Dr. Howard Chiou, medical director for communicable diseases and immunizations at OHA. “We risk seeing the return of diseases such as measles and polio—diseases of the past that once caused widespread harm but are entirely preventable with vaccines.”
READ ALSO | Oregon State study raises concerns about AI’s impact on student thinking skills
The statewide numbers tell only part of the story.
According to OHA, more than one in three Oregon schools with at least 10 students have measles vaccination rates below 95%, the threshold public health officials say is needed to help prevent outbreaks through community immunity.
Chiou said those exemption rates, combined with lower vaccination coverage at some schools, are increasing the risk of disease outbreaks.
The concerns come as Oregon and the nation are seeing increases in vaccine-preventable diseases.
OHA says the nonmedical exemption rate for the second dose of the measles vaccine has nearly doubled over the past decade, rising from 4.9% to 9.4%.
The state also recorded 1,475 cases of pertussis, or whooping cough, in 2025, the highest total in 75 years.
What could happen if the trend continues?
Dr. Alanna Braun, a pediatrician at OHSU, said declining vaccination rates increase the likelihood of disease outbreaks.
“The thing that really stands out to me the most is just sort of the trend of just ongoing decreased immunization rates across our state and seeing how many schools here in Oregon are now at risk for major outbreaks of some really serious illnesses,” said Braun.
Braun said communities become more vulnerable when vaccination rates fall below the level needed to prevent the spread of disease.
READ ALSO | Council passes Portland Arts Tax update, increasing fee & changing exemption threshold
She noted that outbreaks can affect more than just unvaccinated students.
“A lot of kids have infant siblings at home who are not able to be vaccinated,” Braun said. “Certainly, there are kids in all of these schools who are unable to be vaccinated, kids who are undergoing chemotherapy for cancer. There are teachers who are immunocompromised for various reasons.”
Braun said the long-term outlook is concerning if vaccination rates continue to fall.
“As we’re seeing reduced rates of immunizations, I think it’s more and more likely that we are gonna see some of these preventable illnesses with more frequency,” she said.
What parents can do
OHA is encouraging parents to check vaccination rates at their child’s school and talk with their healthcare provider if they have questions about vaccines.
“We want to empower families to make informed decisions,” said Chiou. “We want parents to revisit and reconsider their decisions because the situation in Oregon has changed.”
Parents can view vaccination and exemption rates for individual schools using OHA’s School Immunization Data Dashboard.
-
Health22 seconds agoCancer survivors may see surprising benefits from one specific exercise, study says
-
Sports3 minutes agoPSG Champions League victory causes chaos in Paris, with 45 arrested and fires set across city
-
Technology8 minutes agoWill this high-tech lounge change how you wait at airports?
-
Business15 minutes agoStruggling Carls Jr. franchisee plans to close 10 and sell 49 California locations
-
Entertainment18 minutes agoDid the outcome of World War II depend on the weather? Separating fact from fiction in ‘Pressure’
-
Politics30 minutes agoCommentary: A Becerra-Steyer race in November? It’s possible
-
Sports38 minutes agoTransgender Jurupa Valley senior AB Hernandez wins state track medal amid muted protest
-
World48 minutes ago
Paris Saint-Germain wins the Champions League after penalty shootout victory against Arsenal
