A legal battle is brewing in the U.S. Court of Appeals for the 2nd Circuit as two Vermont families, supported by a broad coalition of free speech and religious freedom advocates, groups opposing radical gender ideology, and 22 states, challenge the state’s revocation of their foster-care licenses due to their religious beliefs.
The case, Wuoti v. Winters, highlights a growing national debate over religious freedom and state policies in child welfare systems.
Alliance Defending Freedom (ADF) attorneys, representing Brian and Katy Wuoti, and Bryan and Rebecca Gantt, filed their opening brief on May 30, arguing that Vermont’s Department for Children and Families (DCF) unjustly stripped the families of their licenses.
Despite glowing reviews from social workers and a proven track record of providing loving homes, the Wuotis and Gantts had their licenses revoked after expressing their belief that gender is immutable and tied to biological sex, and that marriage is between one man and one woman.
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According to ADF Senior Counsel Johannes Widmalm-Delphonse, Vermont’s policy is “categorical,” meaning it prohibits families holding these views from caring for any child, regardless of the child’s age, beliefs, or even if the care is for a relative or for short-term respite.
“Vermont’s foster-care system is in crisis: There aren’t enough families to care for vulnerable kids,” said Widmalm-Delphonse. “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.”
Both the Wuotis and Gantts have been integral to Vermont’s foster care system for years. The Wuotis became foster parents in 2014 and adopted two brothers. The Gantts, who became foster parents in 2016, focused on caring for children with drug dependencies or fetal alcohol syndrome, and have since adopted three children. Vermont officials themselves described these couples as “amazing,” “wonderful,” “kind,” and “welcoming.”
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The state’s actions come amidst a documented shortage of foster homes in Vermont, forcing officials to place children in institutions, hospitals, and even police stations to meet the need. Critics argue that Vermont’s policy further exacerbates this crisis by excluding capable and loving families.
A multi-state friend-of-the-court brief, led by Florida and the Arizona legislature, emphasized this point.
“Unfortunately, foster-care systems are in crisis across the nation as states deal with a shortage of foster homes. Vermont’s brusque approach to foster care has only exacerbated that crisis,” the brief stated, advocating for alternative approaches like matching like-minded parents with like-minded children, as successfully implemented in states like Florida, Oklahoma, and Idaho.
The Conscience Project, in its own brief filed on behalf of other prospective foster families in Vermont, detailed similar experiences of discrimination. They cited the case of the Crams, who were denied a foster license in 2021 because their “fundamental belief” of “God’s plan for all of us,” was deemed by the DCF as unable to “meet the emotional or developmental needs of children.”
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ADF attorneys contend that Vermont’s exclusion of these families not only burdens their constitutional rights but also “needlessly deprives kids of loving homes.” The outcome of Wuoti v. Winters could have significant implications for religious freedom and foster care policies nationwide.
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