New lawsuit attacks protections for LGBTQ kids in foster care in Vermont

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The Alliance Defending Freedom has filed a federal complaint against the Vermont Department for Children and Families’ requirements for foster parents to support LGBTQ youth. The conservative Christian law firm’s case alleges the policy is unconstitutional on the grounds that the state’s requirements limit families’ right to express their religious views.

Reports Vermont Public:

According to a complaint filed in federal court Tuesday, two Windham county couples — Brian and Katy Wuoti and Bryan and Rebecca Gantt — had been foster parents in excellent standing with the state for several years before their licenses were revoked.

They were made ineligible to continue taking children into their care by recent updates to the Vermont Department for Children and Families’ regulations, which now require foster families to affirm they’ll support LGBTQ youth, including by using a child’s preferred pronoun and allowing them to dress in ways that align with their gender identity.

But the Gantts and Wuottis are Christian, according to the complaint, and believe that “a person’s sex is binary and fixed by God at conception.”

“Speaking any of these words would cause the Wuotis and the Gantts to express a message they do not believe in and that contradicts their religious beliefs,” the lawsuit argues.

In revoking their licenses to foster children, the complaint argues, Vermont violated the couples’ free speech, free association, religious exercise, due process, and equal protection rights under the U.S. Constitution. …

[The] suit names three officials with the Vermont Department for Children and Families as its plaintiffs: DCF Commissioner Chris Winters; Aryka Radke, who is Deputy Commissioner of the DCF’s Family Services Division; and Stacey Edmunds, DCF’s Director of Residential Licensing & Special Investigations.

In a statement, Radke wrote that it “bears mentioning” that ADF’s lawsuit had been filed at the start of June, which is celebrated as the month of Pride. LGBTQI+ youth in foster care have higher than average rates of substance abuse, human trafficking, and suicide, she added, and the state’s policies are meant to help improve these outcomes.

“It is a human right for all to be valued and supported, regardless of sexual orientation or gender identity,” Radke continued. “The Family Services Division is here to serve all, and upholds that expectation for both its staff, as well as the foster parents who agree to take on the care of the youth in our custody.”

Vermont Attorney General Charity Clark, whose office will have to defend the state in court, said in a statement that she was still reviewing the case, and would respond “at the appropriate time.”

“For now, I can say that I greatly value DCF’s work in protecting the health and wellbeing of LGBTQIA+ youth in Vermont’s foster care system,” Clark wrote. “It is a shame that so much legal effort has been directed in recent years to undermining protections for these youth who deserve our most fervent care and compassion.”

Read the complete Vermont Public story here.

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