PJI Challenges Oregon Child-Welfare Actions in Federal Religious Liberty Case

Christian couple asserts state officials violated First and Fourteenth Amendment rights after refusing to affirm teenage daughter’s transgender identity

EUGENE, Ore. — Pacific Justice Institute (PJI) is representing Nicole and David Calaway in a federal civil rights lawsuit against Oregon Department of Human Services (ODHS) child-welfare officials after the Christian couple refused to affirm the “male gender identity” of Nicole’s teenage daughter. Nicole is the teenager’s biological mother, and David is her stepfather.

The case, Calaway et al. v. Forster, LPC, et al., was filed July 15, 2026 in the U.S. District Court for the District of Oregon. It alleges that state officials violated the Calaways’ First and Fourteenth Amendment rights by removing the teenager from Nicole’s custody and penalizing the couple for their religious beliefs about biological sex and gender identity. The lawsuit seeks damages and other relief under 42 U.S.C. § 1983.

According to the complaint, the Calaways’ Christian beliefs prevented them from affirming the teenager’s transgender identity. On July 18, 2024, Oregon child-welfare and law-enforcement officials removed her from Nicole’s custody and placed her with her biological father.

Following the removal, ODHS concluded that Nicole and David had caused “Mental Injury” to the teenager and classified the allegations against them as “Founded.” The complaint states that Nicole had never physically harmed or abandoned her daughter and had regularly sought medical and mental-health care for the child.

ODHS based its determination against Nicole in part on her response to her daughter’s gender identity. The agency alleged that Nicole’s “adverse reactions” had caused serious harm to the teenager’s psychological functioning and later upheld its decision. ODHS reached a similar conclusion regarding David, citing his refusal to support the teenager’s gender identity and discussions he had with her.

PJI Attorney Ray D. Hacke, who represents the Calaways, said the state’s actions raise serious constitutional concerns involving religious freedom, parental rights and compelled speech.

“Parents do not surrender their constitutional rights when government officials disagree with their religious convictions,” Hacke said. “Oregon treated Nicole and David’s refusal to affirm a belief about biological sex as grounds for branding them child abusers. The First Amendment protects Americans from being forced to profess beliefs they do not hold, and parents have a constitutional right to direct the upbringing of their children. We intend to vigorously defend those rights.”

The Calaways’ First Amendment claims involve the free exercise of religion and protection from compelled speech. Their complaint cites West Virginia State Board of Education v. Barnette and 303 Creative LLC v. Elenis, U.S. Supreme Court decisions involving government-compelled expression.

The lawsuit also alleges that the state violated Nicole’s parental rights under the Fourteenth Amendment. It cites Troxel v. Granville and other cases recognizing parents’ constitutional rights concerning the care, custody and upbringing of their children.

The case cites similar litigation involving Oregon’s gender-identity policies, including Bates v. Pakseresht, a 2025 Ninth Circuit case involving requirements that prospective adoptive parents support a child’s sexual orientation, gender identity and gender expression. The Calaways argue that Oregon cannot similarly condition family reunification on a parent’s willingness to affirm beliefs about gender identity that conflict with the parent’s faith.

The lawsuit further alleges that ODHS directed the teenager’s school to block Nicole from accessing her daughter’s educational records without a court order, violating her First and Fourteenth Amendment rights.

In November 2024, an Oregon circuit court granted ODHS’s motion to dismiss temporary custody and the dependency petition, according to the complaint. The Calaways allege that the agency’s child-abuse findings remained in place.

The Calaways are asking the federal court to declare that a parent’s religiously and medically grounded refusal to affirm a child’s transgender identity does not constitute child abuse or mental injury. They also seek expungement of the “Founded” findings, damages and other relief.

PJI Founder and President Brad Dacus said parents should not face government punishment for adhering to their religious convictions.

“Parents have a constitutional right to raise their children according to their sincerely held religious beliefs,” Dacus said. “Government officials cannot force parents to profess beliefs that violate their faith or punish them for refusing to do so. Pacific Justice Institute is committed to defending Nicole and David and protecting families across America from government actions that violate their constitutional rights.”

PJI will continue representing the Calaways as the case proceeds in federal court.

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