Vermont Families Fight Back: Lawsuit Over Foster Care License Revocations

Vermont, USA - Free speech and religious freedom advocates are rallying behind two Vermont families whose foster-care licenses have been revoked due to their religious beliefs. This contentious situation has garnered attention from 22 states, all of which have backed the families in a significant legal battle that underscores the complexities surrounding foster care, parental rights, and religious expression. The case, Wuoti v. Winters, is currently being handled by the Alliance Defending Freedom, which filed an opening brief with the U.S. Court of Appeals for the 2nd Circuit on May 30, 2025, seeking to challenge these seemingly discriminatory practices ADF Media reports.

The Vermont Department for Children and Families (DCF) revoked the foster-care licenses of Brian and Kaitlyn Wuoti and Bryan and Rebecca Gantt after the families expressed their belief that gender is consistent with biological sex. Both couples argue that they are willing to care for any child, irrespective of identity, but cannot act against their deeply held religious beliefs. Their lawsuit asserts that the state’s actions represent blatant discrimination, violating their First Amendment rights. DCF officials, on the other hand, have maintained their duty to ensure that children are placed in homes that reflect supportive affirmations of their identities, yet they have refrained from commenting on this ongoing legal situation WCAX indicates.

A Foster Care Crisis in Vermont

Vermont’s foster-care system is in dire straits, with a noticeable imbalance between the number of children in need and the families available to care for them. Current statistics reveal about 958 children are awaiting homes, many of whom end up in institutions or unlicensed facilities as a direct result of the crisis WCAX highlights.

The Wuoti family became licensed foster parents in 2014 and later adopted two brothers, while the Gantt family, who became licensed in 2016, adopted three children primarily dealing with drug dependencies or fetal alcohol syndrome. Both families were previously regarded as “amazing,” “wonderful,” “kind,” and “welcoming” by state officials. However, the designation of being „unqualified“ to foster, stemming from their religious beliefs about gender and marriage, raises significant concerns about what constitutes family qualifications in a society striving for inclusivity ADF Media reflects.

The Broader Implications

The implications of this case extend beyond Vermont, as it highlights a troubling trend across the nation where states increasingly impose ideological tests to determine who may qualify to foster or adopt children. As of 2022, roughly 368,000 children are in foster care in the U.S., with more than 108,000 waiting for a permanent home ADF Legal details. However, the focus has shifted from children’s needs to enforcing compliance with government-backed ideological perspectives on gender and sexuality.

Notably, similar cases have arisen in other states, such as Washington, where Shane and Jenn DeGross faced license revocation for not promoting certain gender ideologies. In Oregon, Jessica Bates experienced denial of adoption based on her unwillingness to endorse promoting a child’s sexual orientation and gender identity, both of which contradict her religious beliefs. Such situations prompt critical questions about the protection of First Amendment rights and the broader impact these policies have on children’s welfare in foster care systems across the country ADF Legal emphasizes.

This ongoing legal battle emphasizes the urgent need for a balance between providing loving homes for children in need and respecting the deeply held beliefs of foster families. As the situation in Vermont unfolds, advocates for free speech and religious freedom are left watching closely, hoping for a resolution that honors both the children’s needs and the parents‘ rights.