Religious freedom, free speech advocates support Vermont couples barred from fostering

CNA Staff, Jun 12, 2025 / 17:38 pm

Twenty-two states and various religious freedom and free speech advocates have filed friend-of-the-court briefs on behalf of two Vermont couples who are suing the state after their licenses to be foster parents were revoked due to their religious beliefs concerning human sexuality. 

Alliance Defending Freedom (ADF) is suing on behalf of Brian and Katy Wuoti and Bryan and Rebecca Gantt after the Vermont Department for Children and Families informed the two families that their belief that persons cannot change biological sex and that marriage is only between a man and a woman precluded them from serving as foster parents in the state.

Despite describing the Wuotis and the Gantts as “amazing,” “wonderful,” and “welcoming,” state officials revoked the couples’ foster care licenses after they expressed their commonly-held and constitutionally-protected religious beliefs. The state said these beliefs made them “unqualified” to parent any child, regardless of the child’s age, beliefs, or identity. 

In 2014, the Wuotis became foster parents, eventually adopting two brothers from foster care. The Gantts started fostering in 2016, caring for children born with drug dependencies or fetal alcohol syndrome, and have adopted three children.

Attorneys general from 21 states and the Arizona Legislature filed an amicus curiae, or friend-of-the-court brief, on June 6 in the U.S. Court of Appeals for the Second Circuit on behalf of the families, writing that the state is burdening the couples’ “free speech and free exercise rights.”

In another friend-of-the-court brief, The Conscience Project director Andrea Picciotti-Bayer decried Vermont’s “ideological intolerance,” writing that Vermont’s stance is “nothing other than an ideological snare set to identify and exclude anyone — especially those with religious convictions — unwilling to embrace gender ideology.”

Picciotti-Bayer told CNA that the Vermont policy is especially egregious because there is a tremendous need for foster families in the state and nationwide. Because of the huge shortage, Picciotti-Bayer said children are being placed in “crazy situations” like hotels and sheriff’s offices.

She criticized the Vermont Department for Children and Families, saying the state’s “priorities are so far off,” because excluding Christian families like the Wuotis and the Gantts prevents foster children from “finding safe, loving, and stable homes.”

ADF Senior Counsel Johannes Widmalm-Delphonse agreed, saying in a statement that “Vermont’s foster-care system is in crisis: There aren’t enough families to care for vulnerable kids. Yet instead of inviting families from diverse backgrounds to help care for vulnerable kids, Vermont is shutting the door on them, putting its ideological agenda ahead of the needs of suffering kids.”

According to Picciotti-Bayer, Christians have an “incredible track record in fostering,” saying Christian families are more likely than the general population to foster and are also more likely to foster more complex placements.

“Hard-to-place kids often find the best homes in families of faith,” Picciotti-Bayer told CNA, because of the “deep bench of community support” found in churches and faith communities, who support foster families by providing food, clothes, and respite support. 

“When you know these Christian families make stellar foster families,” she continued, “for the state to categorically exclude them seems nonsensical, apart from the possibility of grave discrimination.”

A friend-of-the-court brief was also filed by Concerned Women for America, the First Liberty Institute, the Foundation for Moral Law, and professors Mark Regnerus, Catherine Pakaluk, Loren Marks, and Joseph Price.

A friend-of-the-court brief was even filed by the left-leaning Women’s Liberation Front, whose attorney, Lauren Bone, wrote that “gender ideology is religious in nature,” and mandating that foster parents adopt such ideology is akin to an “unconstitutional establishment of religion.”  

Bone also wrote that gender ideology, rather than being “progressive,” is actually a “regressive approach to sex stereotypes and sexuality” that “harms children, women, and LGB [lesbian, gay, and bisexual] people” by “leading often troubled children to question their sex, by subverting the basis for necessary sex separation, and by confounding the meaning of same-sex attraction.”