Fighting Discrimination

Americans United celebrates court win for Rutan-Rams, Tenn. couple denied foster care services because they’re Jewish

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Americans United for Separation of Church and State is celebrating an important victory after the Tennessee Supreme Court refused to grant the state’s request to review an intermediate appellate court’s ruling in the case of Liz and Gabe Rutan-Ram, a Knox County couple challenging Tennessee’s funding of a foster care agency that denied them services because they are Jewish. The ruling means that the Rutan-Rams’ case can move forward in the trial court.

Rutan-Rams turned away by Holston United Methodist Home for Children

Americans United filed the lawsuit, Rutan-Ram v. Tennessee Department of Children’s Services, in January 2022 on behalf of Elizabeth and Gabriel Rutan-Ram, who sought to adopt a child. Because Liz and Gabe aren’t Christian, they were turned away by Holston United Methodist Home for Children, a state-funded agency that provides foster care placement, training and other services on behalf of the Tennessee Department of Children’s Services.

A three-judge panel of the Court of Appeals of Tennessee at Nashville ruled in August 2023 that the Rutan-Rams have standing – the right to sue – as prospective foster parents and as taxpayers. This decision reversed a ruling by a state trial court that the Rutan-Rams had no right to sue. In October 2023, the state asked the Tennessee Supreme Court to review the decision of the Court of Appeals. The Tennessee Supreme Court denied the state’s application for review on Thursday, paving the way for the Rutan-Rams’ case finally to proceed on the merits in the trial court.

‘Liz and Gabe Rutan-Ram suffered outrageous discrimination because they are Jewish’

“Liz and Gabe Rutan-Ram suffered outrageous discrimination because they are Jewish,” said Rachel Laser, president and CEO of Americans United. “This loving couple wanted to help a child in need, only to be told they wouldn’t be served by a taxpayer-funded agency because they’re the wrong religion. Liz and Gabe deserve their day in court, and Americans United intends to see that they get it. The constitutional promise of church-state separation means that the state can’t allow religious freedom to be weaponized and used as a license to discriminate.”

The Tennessee Court of Appeals had additionally ruled that six Tennessee taxpayers who joined the Rutan-Rams as plaintiffs also have the right to sue. The Tennessee Supreme Court’s decision not to review the case allows these six taxpayers to proceed as plaintiffs in the trial court as well. The six other plaintiffs are Rev. Jeannie Alexander, Rev. Elaine Blanchard, Rev. Alaina Cobb, Rev. Denise Gyauch, Dr. Larry Blanz and Mirabelle Stoedter. They joined the suit because they object to their tax dollars being used to fund religious discrimination in foster care.

Rutan-Ram case background

The Rutan-Rams began the process of fostering to adopt a child in 2021, initially seeking to adopt a child from Florida. They were told they needed to complete Tennessee-mandated foster-parent training and a home-study certification. The couple contacted the only agency in their area that was willing to provide those services for out-of-state placements – Holston.

Holston initially told the Rutan-Rams that it would work with them. But the day that the Rutan-Rams were scheduled to start their training, the agency informed the couple it wouldn’t serve them because they are Jewish. Holston said it “only provide[s] adoption services to prospective adoptive families that share our [Christian] belief system.” Because there was no other agency in the Knox County area that would provide the foster-parent training and certification for the adoption of an out-of-state child, the Rutan-Rams were unable to adopt the boy from Florida.

Tennessee Dept. of Children’s Services violating state constitution

In addition to the Tennessee Department of Children’s Services, the lawsuit also names the Commissioner of the Tennessee Department of Children’s Services as a defendant. The suit explains that the department and its commissioner are violating the religious-freedom and equal-protection guarantees in Articles I and XI of the Tennessee Constitution by funding religious discrimination in foster care services.

The August 2023 opinion of the Court of Appeals of Tennessee reversed the June 2022 ruling of a state trial-court panel. The appeals court agreed with Americans United, which argued that the Rutan-Rams have standing to sue because they continue to face religious discrimination by Holston and other taxpayer-funded, religiously affiliated foster care agencies in the state. They therefore lack access to the same services available to Christians, and they continue to suffer the stigma that discrimination inflicts on its victims.

Attorneys working on the case include Americans United Associate Vice President & Associate Legal Director Alex J. Luchenitser, Americans United Litigation Fellow Sarah Taitz, and Scott Kramer of The Kramer Law Center.

More information about the case is available here. A photo of Liz and Gabe Rutan-Ram is available here.

Americans United is a religious freedom advocacy organization based in Washington, D.C. Founded in 1947, AU educates Americans about the importance of church-state separation in safeguarding religious freedom.

Press Contact

Liz Hayes
Associate Vice President of Communications
[email protected]

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