Last week, in Teen Ranch v. Udow, 2005 U.S. Dist. LEXIS 22164 (WD Mich., Sept. 29, 2005), Judge Robert Bell issued an important opinion finding Establishment Clause problems with Michigan's Family Independence Agency (FIA) contracting for a faith-based organization to provide youth residential services. Teen Ranch is an overtly Christian facility that promotes a Christian worldview and encourages conversion to faith in Christ as part of its services to youth. FIA refused to continue to place children who are wards of the state with Teen Ranch unless the Ranch changed its practice of imposing its religious beliefs into its daily treatment and service plan activities. Teen Ranch sued, asserting violation of free speech, free exercise of religion, due process and equal protection. The court rejected all of these contentions.
The court recognized that the U.S. Supreme Court has permitted government funds to flow to religious organizations when a subsidy is given by reason of an individual who has used true private choice in selecting that organization. Here, the state places children in Teen Ranch and merely gives them the opportunity to opt out if they object to the religious nature of the program. The court held that this was not sufficient to satisfy the test of true choice required to avoid an Establishment Clause problem.
Family News In Focus today reported that Teen Ranch is considering an appeal to the Sixth Circuit. Teen Ranch claims that the FIS's action amounts to religious discrimination, according to Agape Press.
