Canadian Agency Violates Foster Parents' Rights By Insisting They Say Easter Bunny Is Real

Canadian Press reports that an Ontario Superior Court judge ruled this week that a Christian couple's religious beliefs were infringed in violation of Canada's Charter of Rights and Freedoms when the Children's Aid Society of Hamilton removed two foster children from their home.  The action closing their foster home came after a social worker insisted that the couple tell the two young girls that the Easter Bunny is real. Foster parents Frances and Derek Baars say that doing so would violate their religious beliefs.  The court wrote in part:

There is ample evidence to support the fact that the children were removed because the Baars refused to either tell or imply that the Easter Bunny was delivering chocolate to the Baars' home. I am more than satisfied that the society actions interfered substantially with the Baars' religious beliefs.

Suit Challenges Ban On Lesbian Foster Parents In Federally Funded Refugee Program

A lawsuit was filed yesterday against the federal government and the U.S. Conference of Catholic Bishops challenging discrimination against same-sex couples in administration of the Unaccompanied Refugee Minor Program and the Unaccompanied Alien Children Program. The complaint (full text) in Marouf v. Azar, (D DC, filed 2/20/2018), alleges that various federal agencies use taxpayer funds to finance grants to the USCCB to implement these programs based on impermissible religious criteria.  Plaintiffs, a lesbian couple, were told by Catholic Charities of Fort Worth, a sub-grantee of USCCB, that they did not qualify to become foster parents of an unaccompanied refugee child. An official of the organization told them that foster parents must "mirror the holy family."  The complaint alleges in part:

By working to ensure that none of the children for which they are responsible are placed in homes of same-sex spouses based on USCCB’s religious beliefs, USCCB and its sub-grantees not only discriminate against same-sex spouses, but also effectively erase the non-Catholic identities and beliefs of many of the unaccompanied refugee children for which they are responsible. This conduct potentially increases those children’s alienation and vulnerability, while denying them access to loving homes that could serve them best—all at federal taxpayers’ expense.

Lambda Legal issued a press release announcing the filing of the lawsuit. Washington Post reports on the filing of the suit.

Court Rejects Challenge To State's Use of Religiously Affiliated Child Placement Agency

In In re R.M., (KS Ct. App., May 12, 2017), the Kansas Court of Appeals rejected an argument that the state violated the Establishment Clause by contracting with  Saint Francis Community Services, an Episcopalian organization, to provide childcare services on behalf of the state.  The issue was raised by a mother who was contesting the state's termination of her parental rights to her two children.  The court said in part:

Mother has shown no evidence that Saint Francis encouraged, let alone coerced, her children into participating in religious activities or conditioned their receipt of any benefits on such participation. None of the case plans or court orders contains any reference to religious acts or beliefs or requires Mother or her children to do anything of a religious nature. Mother has not shown anything of a religious nature in the homes her children have been placed in.

Mass. High Court Says Foster Parenting Can Be Denied Over Religious Belief In Corporal Punishment

In Magazu v. Department of Children and Families, (MA Sup. Jud. Ct., Jan. 4, 2016), the Massachusetts Supreme Judicial Court upheld a decision by a state agency denying an application by a Christian couple to become foster and pre-adoptive parents because the couple uses corporal punishment as a form of discipline in their home.  State rules, particularly concerned with the emotional needs of abused and neglected children who often are placed in foster care, bar the use of corporal punishment by foster parents.  The couple agreed that they would not use corporal punishment on a foster child, but refused to agree to refrain from spanking their own daughters in private when appropriate. According to the Court:

The Magazus assert that, in accordance with their sincerely held Christian beliefs, they use appropriate corporal punishment on their own two daughters as a matter of loving parenting and biblical understanding. They contend that the department's denial of their application to become foster parents substantially burdens their right to the free exercise of religion under art. 46, § 1, of the Amendments to the Massachusetts Constitution.... 

The Court disagreed, saying in part:

although the department's decision imposes a substantial burden on the Magazus' sincerely held religious beliefs, this burden is outweighed by the department's compelling interest in protecting the physical and emotional well-being of foster children.

(See prior related posting.)

Top Massachusetts Court Hears Arguments On Whether Religiously-Motivated Corporal Punishment Disqualifies Foster Parents

Last week (Sept. 10), the Massachusetts Supreme Judicial Court heard oral arguments (video of full arguments) in Magazu v. Department of Children and Families (docket and links to briefs). As summarized by the Court at issue is:

Whether it was proper for the Department of Children and Families to deny the plaintiffs' request to become foster parents on the basis of the parents' religiously motivated use of corporal punishment on their biological children.

Wall of Separation blog discusses the case.