Amicus Brief: Wuoti v. Winters

Two Vermont couples had a track record of success as foster parents. After these couples expressed that their religious beliefs would prevent them from affirming the gender identity of LGBTQ children placed in their care, however, the Vermont Department for Children and Families (DCF) revoked their licenses. The couples explained that they would accept any child into their home, but DCF’s policies require that families be “holistically affirming and supporting” of a child’s gender identity, including using a child’s chosen pronouns and attending events such as pride parades.

The families filed a federal lawsuit, arguing that DCF’s policies violated their First Amendment speech, association, and religious free-exercise rights and their Fourteenth Amendment rights to due process and equal protection under the law. The district court denied their motion for a preliminary injunction, holding that (1) DCF’s policies are neutral and generally applicable and (2) DCF showed a rational basis for the policies by explaining that the policies were grounded in research illustrating the dangers of not affirming the gender identity of LGBTQ youth in foster care. The court further explained that DCF’s policies survive strict scrutiny because they are narrowly tailored and further a compelling state interest by “creating rules and policies to protect the health and welfare of foster children.”

Now on appeal to the Second Circuit, the Manhattan Institute has filed an amicus brief that updates many we previously filed in similar cases that present medical research showing that social transition is not a neutral act but an active intervention. The district court here failed to understand the benefits and risks of social transitions and other mental-health aspects of gender affirmation.

Ilya Shapiro is a senior fellow and director of Constitutional Studies at the Manhattan Institute. Follow him on Twitter here.

John Ketcham is a legal policy fellow and director of Cities at the Manhattan Institute.

With thanks to law school associate Rohit Goyal

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