Tuesday, January 23, 2007

6th Circuit Ends Funds For Faith-Based Group That Coerces Religious Participation

In Teen Ranch, Inc. v. Udow, (6th Cir., Jan. 17, 2007), the U.S. 6th Circuit Court of Appeals upheld the decision of Michigan's Family Independence Agency to stop placing abused, neglected and delinquent children with Teen Ranch because the faith-based organization coerces religious participation and incorporates religious teaching as part of its treatment plan for troubled youth placed there by the state. The Michigan statue authorizing contracts with faith-based organziations provides that no state funds shall be used for sectarian worship, instruction, or proselytization. The provision follows the madate of federal law. The Court of Appeals upheld the district court's finding that youth participants did not have a true private choice to opt out of religious activities. Finally the court held that federal law, 42 USC 604a, limits Teen Ranch to a suit in state court insofar as it is attempting to assert a violation of provisions of federal law allowing faith-based organizations to participate in contracts using federal funds given to states under the TANF block grant program.