A federal judge has declined to dismiss a lawsuit brought by a Christian couple who argue they were denied a full foster care license in Washington due to their religious beliefs regarding gender and sexuality.
In a ruling issued Wednesday, David G. Estudillo of the U.S. District Court for the Western District of Washington rejected the state’s motion to dismiss the case filed by Jennifer DeGross and Shane DeGross.
The lawsuit challenges actions taken by the Washington Department of Children, Youth and Families, which declined to grant the couple an unrestricted foster license.
“In essence, the Department has forced the DeGrosses to choose between forefeiting their freedom of speech to obtain an unrestricted license, or upholding their beliefs surrounding [Sexual Orientation, Gender Identity, and Expression], and receiving a less-favorable license subject to certain requirements,” Estudillo stated.
The DeGrosses previously served as foster parents in Washington from 2013 to 2022, but encountered difficulties when attempting to renew their license under updated state policies.
They were informed that foster parents must provide children “with resources that support and affirm their needs regarding" sexual orientation, gender identity and expression, and must agree to use a child’s preferred pronouns and name while respecting privacy related to gender identity.
Citing their religious beliefs about sexuality and gender, the couple told officials they could not comply with those requirements, which they say resulted in the loss of their license.
In 2024, they filed a legal complaint alleging that the policy violated their First Amendment rights to religious freedom, as well as protections under the Fourteenth Amendment.
The following year, they submitted a new application that included a waiver outlining their intent to “support a child’s right to privacy concerning their SOGIE” and “avoid the use of pronouns which are contrary to the child’s biological sex,” while agreeing to participate in training that did not require them to alter their beliefs.
State officials approved the waiver but restricted the couple’s license, limiting them to caring for children between the ages of 2 and 5 and allowing only temporary care for older children.
After receiving the limited license, the DeGrosses amended their complaint, arguing that the waiver process was “burdensome” and that the restrictions on their license were arbitrary.
Attorneys for the state responded by seeking dismissal of the case, contending that the complaint failed to establish a valid legal claim.
Judge Estudillo ruled that the couple’s claims related to free speech and religious exercise could proceed, but dismissed their Equal Protection arguments and their claim against Ross Hunter in his personal capacity.
Because the court found merit in parts of the case, the DeGrosses have been given until May 13 to file an amended complaint, allowing the lawsuit to move forward.
