June 5, 2024
Windham, Vermont
Two Vermont families have filed a federal lawsuit challenging the state’s foster-care policies, claiming they are being excluded from fostering or adopting children due to their traditional religious beliefs about human sexuality. The lawsuit, filed by Brian and Kaitlyn Wuoti, and Michael and Rebecca Gantt, names Christopher Winters, the Commissioner of the Vermont Department for Children and Families (DCF), and other senior officials as defendants.
The complaint, filed in the United States District Court for the District of Vermont, argues that the state’s policies violate the families’ First Amendment rights to free speech and the free exercise of religion. Additionally, the plaintiffs claim the policies infringe upon their Fourteenth Amendment rights to due process and equal protection.
The lawsuit centers on Vermont’s implementation of what the plaintiffs call a “SOGIE Mandate,” which stands for sexual orientation, gender identity, and gender expression. According to the plaintiffs, this mandate requires all foster and adoptive parents to affirm and support a child’s gender identity and expression, regardless of the parents’ personal or religious beliefs.
Brian and Kaitlyn Wuoti, who have been foster parents since 2014 and have adopted two children from the foster-care system, allege that their license renewal was denied after they shared their Christian beliefs about human sexuality with a DCF caseworker. Similarly, Michael and Rebecca Gantt, who have adopted three children from the foster-care system, claim their license was revoked after they expressed their inability to fully endorse the state’s views on gender identity.
The plaintiffs contend that the state’s policies are not only unconstitutional but also detrimental to children in need of homes. They argue that Vermont’s exclusion of families based on religious beliefs exacerbates the foster-care crisis, leaving more children without stable placements.
The complaint highlights a broader issue facing the foster-care system in Vermont, where the number of licensed foster homes has reportedly decreased significantly. In recent years, the state has struggled to find enough foster families, sometimes resorting to placing children in unlicensed homes or emergency facilities.
The DCF has defended its policies, stating that they are designed to ensure that all foster children, including those who identify as LGBTQ+, are placed in supportive and affirming environments. The department has emphasized the importance of matching children with families who can meet their specific needs, including support for their gender identity and expression.
The lawsuit seeks declaratory and injunctive relief to prevent the enforcement of these policies against the plaintiffs and to allow them to continue fostering and adopting children without compromising their religious convictions.