Vermont’s Department of Children and Families (“DCF”) has issued rules to protect LGBTQ+ youth in their placements with foster families. Among other things, the rules require foster families to use foster children’s preferred pronouns and comply with doctors’ orders that might include medical intervention for a foster child’s gender dysphoria. Two families, the Wuotis and the Gantts, had their foster family license revoked after they stated that they would not comply with these rules. So they filed a lawsuit in the U.S. District Court for the District of Vermont, arguing that the Free Exercise Clause entitles them to a religious exemption from the rules. The district court rejected the plaintiffs’ argument, and the plaintiffs appealed to the U.S. Court of Appeals for the Second Circuit.
On September 5, 2025, Americans United filed an amicus brief in the Second Circuit in support of DCF and its antidiscrimination policies. Our brief explains that in a nation defined by religious pluralism, it is inevitable that government policies will at times conflict with some people’s religious beliefs. But not every policy that impacts religion violates the Free Exercise Clause. We argue that because DCF’s rules are neutral and generally applicable, DCF did not violate the plaintiffs’ free-exercise rights by prohibiting them from discriminating against foster children.
