The Vermont Department for Children and Families has revised its foster parent licensing guidance as part of two legal settlements, removing requirements that prospective parents affirm LGBTQ+ youth gender identities before receiving licenses.
Under the new guidance issued February 18, the state agency can no longer deny or revoke foster-parent licenses based on applicants’ refusal to “affirm, endorse or adopt any particular views regarding gender identity, sexual orientation or related ideological concepts,” according to settlements filed in federal court last week.
The changes resolve two lawsuits brought by multiple couples who alleged the state revoked their foster-care licenses after they expressed religious objections to supporting LGBTQ+ youth. The couples objected to requirements such as using a child’s preferred pronouns, allowing them to dress in alignment with their gender identity, and permitting gender-affirming medical treatment.
Brian and Katy Wuoti and Michael and Rebecca Gantt filed their 2024 lawsuit with representation from Alliance Defending Freedom, a conservative legal organization that has argued cases before the U.S. Supreme Court and previously sued the Vermont Agency of Education over LGBTQ+ youth policies.
“By denying people the chance to be foster and adoptive parents because of their religious beliefs and compelling them to speak the government’s preferred message about sexual orientation and gender identity, Vermont is violating the First Amendment,” Alliance Defending Freedom wrote on its website.
Another couple, Melinda Antonucci and Casey Mathieu, filed a separate 2025 lawsuit represented by the Center for American Liberty, another conservative organization.
The settlements require that all plaintiffs be reinstated as foster parents. Antonucci told Fox News last week that the settlement means “our family can continue serving foster youth, and it helps ensure other foster parents won’t be punished for speaking honestly or living out their faith.”
DCF officials defended the settlement decision in a Friday press release, stating that after consulting with advocates for LGBTQ+ youth, they determined “settling these cases is in the best long-term interest of the children and youth we serve and will allow DCF to focus our attention on supporting children and youth by thoughtfully matching them with the caregivers best able to meet their individual needs.”
The agency maintains that the new guidance will not prevent officials from placing LGBTQ+ foster children “in homes where they are physically safe, emotionally supported, and treated with respect,” according to the statement.
DCF also plans to “work to strengthen clear accessible ways for young people to contact the department directly if they have concerns about their placement — and to feel safe doing so,” the statement continues.
Outright Vermont, an organization supporting LGBTQ+ youth, responded to the settlements on Friday, stating that “The focus must remain on the safety, affirmation, and the unwavering commitment of support and belonging that all young people deserve.”
Executive director Dana Kaplan noted that many LGBTQ+ children in foster care have faced “rejection from their families, trauma or instability because of their identities.”
“Placing youth with foster families who respect their identity isn’t a political preference,” Kaplan said. “It’s part of supporting their emotional and psychological health.”
Vermont currently operates approximately 774 licensed foster homes and has processed around 2,500 new applications since 2021, according to DCF data. Over the past five years, “questions or concerns related to affirming care for LGBTQ+ youth have arisen in only 10 instances during new applications or renewals, representing less than .5% of applications or renewals,” according to a DCF spokesperson.
The settlement marks a significant shift in Vermont’s approach to foster parent licensing, balancing religious freedom concerns with child welfare considerations in the state’s foster care system.
