BOISE, ID – Idaho Attorney General Raúl Labrador has joined a 22-state coalition urging a federal appeals court to overturn a Vermont foster care policy they argue infringes on religious liberty.
The coalition, led by Florida, filed an amicus brief with the U.S. Court of Appeals for the Second Circuit in support of plaintiffs in the case Wuoti v. Winters. The case challenges Vermont’s “Policy 76,” which requires foster parents to affirm and support the sexual orientation and gender identity of foster children as a condition of licensure.
Attorney General Labrador stated that the policy effectively forces religious individuals to choose between their faith and their ability to serve as foster parents. He described Idaho’s approach as a model that accommodates both child welfare and religious freedom.
Idaho’s foster care system uses value-based matching to align children with foster families who share similar beliefs and backgrounds. The state also includes protections for religious foster parents and prioritizes placements within the same faith tradition. According to the Attorney General’s Office, this approach has improved foster placement stability and reduced the need for temporary housing.
The brief argues that Vermont’s policy imposes a “blanket ban” on prospective foster parents with certain religious beliefs and that less restrictive alternatives exist. Supporters of the brief claim Vermont’s policy may deter faith-based families from participating in the foster care system, ultimately reducing the number of available homes for children in need.
States joining the brief include Alabama, Arkansas, Georgia, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Virginia, and West Virginia, as well as the Arizona Legislature.
The case remains pending in the Second Circuit.