In Maddonna v. U.S. Department of Health and Human Services, (D SC, Aug. 10, 2020), a South Carolina federal district court allowed a prospective foster parent to challenge state and federal exemptions from anti-discrimination requirements that allowed a Catholic foster care agency to work only with families that share the agency's religious beliefs. Even though the case had once been dismissed, without prejudice, for lack of standing (see prior posting), the court now found standing. The court then refused to dismiss plaintiff's Establishment Clause claim, saying in part:
Plaintiff has plausibly alleged that Defendants conveyed a message endorsing religion by allowing state-licensed, government-funded CPAs to reject prospective foster parents based on religious criteria....
“[T]he core rationale underlying the Establishment Clause is preventing ‘a fusion of governmental and religious functions[.]’” ... According to the Complaint, the system which Defendants’ “accommodations” have created “does not by its terms require that [religiously affiliated CPAs’] power be used in a religiously neutral way.” ... Rather, under the Executive Order and the HHS Waiver, religiously-affiliated CPAs’ power to accept or reject prospective foster parents is completely “standardless, calling for no reasons, findings, or reasoned conclusions.”
Christian Post reports on the decision.
