For years, Bryan and Rebecca Gantt were told they fit perfectly into Vermont’s foster care system—until they didn’t, because they believe that there are only two genders.
“We had just an incredible relationship for over seven years. Never any issues at all except this one particular policy that came up that changed everything,” said Mr. Gantt, pastor at Agape Christian Fellowship in Brattleboro, Vermont.
He said the policy required that he and his wife abandon their biblical teachings that there are only two genders, to accord with the state’s new secular doctrine of “gender fluidity.”
“There’s been this undercurrent for a while of this ‘woke’ ideology that is very heavy-handed,” Mr. Gantt told The Epoch Times.
“The policy is so heavy-handed that, as a pastor, I can’t even get up in the pulpit now and read certain verses. I wouldn’t be allowed to do that in my own home if we had a foster child without running afoul of the state’s policy.”
The Gantts aren’t alone. Vermont residents Brian and Katy Wuoti recently had their foster care licenses revoked by the state for the same reasons.
Both families are now suing Vermont’s Department of Children and Families (VDCF) in federal court for violating their constitutional rights.
“We’re holding up well,” Mr. Gantt said. “It’s been a roller coaster ride.”
Mr. Wuoti is a pastor at Valley Town Church in Wilmington.
On June 4, both families filed suit in the U.S. District Court for the District of Vermont, Windham Division.
The plaintiffs claim in the 46-page civil action that by revoking their foster care licenses, the state has denied their constitutional rights to free speech and religion.
“This is happening across the country,” said Mallory Sleight, an attorney with the Alliance Defending Freedom, who is representing the plaintiffs.
The defendants named in the suit are VDCF Commissioner Christopher Winters; Aryka Radke, deputy commissioner of the Family Services Division; and Stacey Edmunds, director of Residential Licensing and Special Investigations.
In a written statement to The Epoch Times, Ms. Radke said the department “does not comment on the specifics of pending lawsuits.”
“That said, generally speaking, DCF takes the care and support of youth in our custody seriously, and we work to ensure that youth in foster care are placed in homes that support all aspects of what makes them who they are,” she said.
“This includes their sexual orientation and gender identity.”
The lawsuit argues that Vermont’s foster-care system is “in crisis” and that there are more children than there are parents to care for them.
In response, VDCF has had to place some children with “unlicensed families, hospitals, and police stations to fill the gap.”
“But, with this emergency need, the department recently decided to exclude all families with traditional religious beliefs about human sexuality from fostering or adopting any child,” the suit reads.
“This ideological campaign puts politics above people and general ideology over children’s best interests. It is harmful, unnecessary, and unconstitutional.”
The Wuotis have been foster parents for VDCF since 2014. Their two boys have become an “integral part” of their family, according to the lawsuit.
In 2016, the Gantts decided to foster children after their four biological children grew older, and they adopted three children in the years that followed.
The suit states that both families, as licensed foster care parents, “never had any issues” working with VDCF, but agency officials began having concerns once changes in policy and regulations put their religious beliefs to the test.
One of those changes was Policy 76, “Supporting and Affirming LGBT Children and Youth,” which went into effect on Feb. 27, 2020.
According to the suit, the policy provides internal guidance for department staff on training and placing children who “express an LGBT” identity.
“The policy states the department is committed to meeting children’s ‘unique needs, regardless of whether these needs are related to their sexual orientation, gender identity or gender expression,” the suit reads.
It also states that parents and families should be encouraged to support children’s gender identities, “even if it feels uncomfortable.”
This includes using “appropriate pronouns” and a preferred name to “promote a child’s cognitive and social-emotional competence.”
The suit states that “things came to a head” when the Gantts and Wuotis revealed their religious beliefs to the department and that they would not say or do anything that went against their Christian faith.
“As Christians, Brian and Katy believe The Bible is the ultimate arbiter of human nature and identity,” the suit reads.
“Brian and Katy take to heart The Bible’s teachings that God created humans as male and female and that a person’s sex identity is binary and fixed by God at conception.
“Katy previously struggled with gender dysphoria as a child, which fills her with compassion for children going through the same thing.”
Both families expressed that they would be accepting of any child placed in their household regardless of sexual orientation or identity.
On April 20, 2022, the Wuotis received a notice from the department recommending that their license be revoked. The notice cited them “for failing to satisfy the requirements of licensing regulations for foster homes in Vermont.”
“But similar to the Wuotis, the new mandate placed the Gantts in an impossible position of choosing between fostering a young baby in need or staying true to their faith,” the suit reads.
However, the Gantts’ license lapsed in 2022 as they began the process of adopting another child.
On Sept. 8, 2023, they received an email from the department explaining that their licensure was “dependent on affirming a hypothetical child’s gender identity.”
Mr. Gantt responded that the family would “love, support, and accept any child in their home, even if the child later identified as LGBT” but that the family would not change their religious beliefs.
“This answer was not acceptable to the department,” and on Feb. 6, the Gantts received a notice from the department recommending license termination.
“The Gantts were deeply upset,” the lawsuit reads. “They had begun planning for this new child to join their family, and now they were told they would likely never be permitted to foster or adopt again.”
Ms. Sleight told The Epoch Times that the department had given the Gantts and Wuotis “nothing but the highest compliments for years.”
“Then, all of a sudden, the policies changed. They told both families they needed to abandon their biblical beliefs or they were going to lose their license,” she said.
“Before the policy change, the department focused on best fit. They were really trying to find the best family for the best child. Each child has different needs, and a different family is going to be good for different children.
“There are obviously Christian children as well. But the department has decided that every family, regardless of the child they’re receiving, regardless of whether they’re receiving an infant child or older child, they must agree to abide by their new LGBT policies.”
“By ensuring our foster parents can be affirming of the foster children and youth in their care, we can improve outcomes for this group of kids, to be on par with their heterosexual and cis-gendered peers,” she said.
“Cis-gendered” refers to anyone whose gender identity matches his or her biological sex.
“It is our responsibility to ensure all children and youth will reside in a home with caregivers who are committed to fully embracing and holistically affirming and supporting them,” Ms. Radke said.
“We are grateful for all of the wonderful foster and kin caregivers helping to care for Vermont’s children, including many of devout religious backgrounds committed to supporting and caring for vulnerable kids in need of a loving home.”
The civil action alleges that the VDCF deprived the plaintiffs of their constitutional rights to due process and equal protection by refusing to renew their foster care licenses.
The lawsuit seeks an injunction blocking the state from revoking the licenses and retrieving any costs and fees associated with the legal action.
“Freedom of speech—freedom of religion really needs to be protected,” Mr. Gantt said. “I hope that’s part of what comes out of this lawsuit.
“We never imagined this in a million years.”
Ms. Gantt said: “This is completely out of my comfort zone, to be honest. I’m just a mom. I love these kids. I want to help these kids. And it breaks my heart we’re not allowed to do that anymore.”
