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Vermont officials have reversed a policy that required foster parents to affirm gender identity ideology as a condition of licensure. The change followed a lawsuit filed by two Christian foster families who argued the state violated their First Amendment rights when officials revoked their licenses over their religious beliefs, according to an Alliance Defending Freedom press release. The Vermont Department for Children and Families issued new guidance Feb. 18 stating that applicants’ “sincerely held personal, cultural, religious, moral, or philosophical beliefs shall not be considered in the licensing process.” The department also clarified that it does not require “endorsement or affirmation of specific identities” or mandatory use of preferred pronouns as a condition of approval. Officials agreed to rescind the revocation decisions and allow the families to reapply. What the lawsuit challengedThe case, Wuoti v. Winters, challenged a Vermont policy requiring foster parents to be “holistically affirming and supporting” of a child’s sexual orientation and gender identity. State officials revoked the foster care licenses of Pastor Brian Wuoti and his wife, Katy, and Pastor Bryan Gantt and his wife, Rebecca, under that policy. The families argued that Vermont required them to speak in ways that contradicted their religious beliefs about marriage and biological sex. The Alliance Defending Freedom represented them in federal court. The settlement requires Vermont to rescind the revocations and follow the new guidance moving forward. What the new policy saysThe updated guidance states that licensing officials evaluate conduct, not viewpoints. The department does not require foster parents to adopt specific terminology or ideological positions to receive approval. The court order bars Vermont from taking action against the families because they seek to live and parent in a way that is consistent with their religious beliefs, so long as their conduct remains respectful and noncoercive. However, officials may consider beliefs during individual placement decisions based on the best interests of a specific child. Why it matters in New EnglandFoster care systems across New England face shortages of qualified families. Disputes over religious liberty and gender identity policies have increasingly moved into courtrooms, including debates in Massachusetts over parental rights and child services. “This is an incredible victory for children in Vermont’s foster-care system,” ADF Senior Counsel Johannes Widmalm-Delphonse said in a press release. “No parent should be forced to lie to a vulnerable child about who they are, much less promote irreversible and life-altering procedures that don’t have any proven health benefits.” The Wuotis said, “We’re thankful that common sense won out and that Vermont has changed its policy to put children’s interests above divisive ideologies.” The Gantts added, “There are more kids in the foster-care system than there are families to care for them. Our focus throughout this case has been on the children who need stability and love above everything else.” NewBostonPost will continue covering religious liberty and family policy issues impacting New England residents. Frequently Asked QuestionsWhat changed in Vermont’s foster-care policy?Vermont no longer requires foster parents to affirm gender identity ideology or use specific language as a condition of licensure. Did Vermont admit wrongdoing?The settlement contains no admission of wrongdoing. Vermont issued new guidance and rescinded the revocations. Can foster parents refuse to use preferred pronouns?The updated guidance says that prescribed language or preferred pronouns are not conditions of licensure. Can religious beliefs affect placement decisions?Officials may consider beliefs in individual placement decisions. However, they cannot automatically disqualify families because of those beliefs.
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