CASE BACKGROUND:

Americans United for Separation of Church and State filed Maddonna v. U.S. Dept. of Health and Human Services on Feb. 15, 2019, to stop the federal government and South Carolina from authorizing and encouraging religious discrimination with taxpayer dollars.

Aimee Maddonna, a mother of three, was seeking opportunities for her family to help children in foster care. Miracle Hill Ministries, the largest taxpayer-funded foster care agency in South Carolina, told Aimee her family was a great fit to volunteer with children. But then the agency asked what church the Maddonnas attended. When Aimee offered the name of her Catholic parish, Miracle Hill abruptly rejected her because she's the "wrong" religion – the agency will only work with evangelical Protestants, not Catholics, Jews or people of any other faith.

Instead of denouncing this discrimination, the administrations of President Donald Trump and South Carolina Gov. Henry McMaster doubled down, sanctioning the government-funded religious discrimination. In Jan. 2019, the U.S. Department of Health and Human Services issued a policy allowing all government-funded foster care agencies in South Carolina to explicitly reject parents and volunteers who don’t share their religious beliefs; McMaster issued a similar order in March 2018.

Americans United filed a federal lawsuit in the U.S. District Court in South Carolina because the narrow religious beliefs of a government-funded agency should not be allowed to override the best interest of America’s most vulnerable children or our fundamental principle of religious freedom.

WHAT'S AT STAKE:

At its heart, this case is about two of our country’s most sacred principles: defending religious freedom for all and protecting vulnerable children. It is unconstitutional for taxpayer-funded agencies to discriminate against prospective foster parents and volunteers based on their religion. And no child should be denied an opportunity for a loving, stable home when one is available to them.

While this policy only applies to South Carolina for now, it sets a dangerous nationwide precedent that could have a significant and lasting impact. There are nearly 5,000 children in foster care in South Carolina, and nearly a half-million kids in care nationwide. By allowing agencies to turn away qualified parents, these kids will spend even longer in an already overburdened system instead of being welcomed into loving families.

developments

March 13, 2019: U.S. Sen. Ron Wyden (D-Ore.) led more than 40 senators in sending a letter to the Trump administration to object to the waiver that allows taxpayer-funded foster-care agencies in South Carolina to reject any parents or volunteers deemed to be the “wrong” religion. Read the letter here.

Feb. 28, 2019: U.S. Reps. Joe Kennedy III (D-Mass.) and Bobby Scott (D-Va.) and Sen. Kamala Harris (D-Calif.) reintroduced the Do No Harm Act, which would protect people like Aimee Maddonna by restoring the federal Religious Freedom Restoration Act to its original intent of preserving the law’s power to protect religious exercise while clarifying that it may not be used to discriminate against others. Read our statement here. Urge members of Congress to support the Do No Harm Act here:

Urge your legislators to support the Do No Harm Act   


Feb. 15, 2019: Americans United filed Maddonna v. U.S. Dept. of Health and Human Services on behalf of Aimee Maddonna to stop the federal government and South Carolina from authorizing and encouraging religious discrimination with taxpayer dollars. Read our statement here, a blog post here and an exclusive Associated Press interview with Aimee here.

Aimee Maddonna


Feb. 14, 2019: Americans United led a broad coalition of more than 100 national organizations through the Coalition Against Religious Discrimination in denouncing the Trump administration’s decision to allow taxpayer-funded foster care agencies in South Carolina to reject any parents or volunteers they deem to be the “wrong” religion. Read the letter here and a blog post here

Feb. 13, 2019: U.S. Reps. Angie Craig (D-Minn.), Sean Maloney (D-N.Y.) and Katie Hill (D-Calif.) spearheaded a letter from nearly 100 members of Congress to object to the policy – “an egregious violation of the very principles our nation and our child welfare system were founded upon.” Read the letter here and a blog post here.

Jan. 23, 2019: The Trump administration announced it would sanction taxpayer-funded discrimination by allowing South Carolina foster care agencies to refuse to work with anyone they deem the “wrong” religion. Read the U.S. Dept. of Health and Human Services' letter here, AU's statement here and a blog post here.

March 13, 2018: South Carolina Gov. Henry McMaster issued an executive order to allow taxpayer-funded foster care agencies to reject prospective parents who don’t “share the same faith.” Read the order here.

Feb. 27, 2018: South Carolina Gov. Henry McMaster requested a federal waiver for all South Carolina taxpayer-funded foster care agencies to reject prospective parents on the basis of religion. Read AU's blog post here.

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