Lesbian sues federal government after being rejected by foster agency

A Tennessee woman is suing the Department of Health after a federally funded foster home denied her application because she is a lesbian.

Kelly Easter, who is from Nashville, wanted to apply to be foster parents for unaccompanied refugee children, according to her lawsuit filed Wednesday in the US District Court for the District of Columbia.

The US Office of Refugee Resettlement referred her to Bethany Christian Services, the only facility in her region participating in the program that is a US Bishops Conference (USCCB) grant that receives federal funding for the provision of care services.

Bethany has long denied foster care or adoption applications to LGBTQ parents, which prevented Easter last year from applying.

In March, Bethany ended this policy, but as of Easter it was again rejected. A Bethany representative told her that her East Nashville office is funded by the USCCB, which the lawsuit bans LGBTQ couples from applying.

Easter is suing the Department of Health and Human Services, which oversees the administration for children and families and their office for refugee resettlement. She and her lawyer claim that HHS is in violation of the First and Fifth Amendment “by sanctioning and facilitating discrimination and by promoting certain religious beliefs”.

“By preventing children under their care and custody from being placed in LGBTQ homes based on the religious beliefs of the USCCB, the defendants not only discriminate against LGBTQ people, but also disregard them effectively the non-Catholic identities and beliefs of many of the unaccompanied refugee children they are responsible for, “the lawsuit reads could serve best – all at the expense of federal taxpayers. “

A spokesman for the HHS Administration for Children and Families said in an email that it would respond to the lawsuit in a timely manner, as with any lawsuit citing the federal government.

“HHS is committed to protecting the rights of LGBTQ + people and ensuring access to our programs and services,” said the spokesman.

Easter said in a statement that she is “unhappy”.

“It hurt to be turned away just because of my identity – twice,” she said, according to a press release. “I’ve been a Christian since I was a little girl and my personal relationship with God is most important to me. I also know that LGBTQ people can have thriving families and that they are just as important and deserving as anyone else. Can the government tell me that my beliefs are wrong? “

She added that she was “more concerned about the children”. She said the government is hurting them by denying them loving homes.

“I am qualified and can provide a safe and stable home for a child,” she said. “How is it better for you to stay in a group rather than in a home with someone who can adequately care and support you?”

Easter is represented by Lambda Legal, Americans United for the Separation of Church and State, and the San Francisco-based law firm Orrick, Herrington & Sutcliffe LLP.

Karen L. Loewy, senior counsel at Lambda Legal, said the government was banning Easter from applying for a home for a child in need while at the same time pouring “millions of dollars in taxpayers’ money into a children’s charity that doesn’t allow LGBTQ people to enter.” apply as foster parents. ”

“This type of discrimination not only harms the people who are turned away – it harms the children in these programs by reducing the number of available homes and depriving these children of the opportunity to be placed in loving homes that meet their individual needs best. ”“, said Loewy according to a press release.

Federal law currently bans federal contractors and government-funded programs from gender discrimination, which was recently interpreted by the Biden government and most courts to include sexual orientation and gender identity. However, there are exceptions to federal law for contractors and service providers who believe that providing certain services would be contrary to their religious beliefs.

Some states have tried to enact stricter laws to protect LGBTQ people looking to care for or adopt children. Tennessee is actually one of 27 states that have a law, ordinance, and / or government policy prohibiting discrimination in foster families based on sexual orientation and gender identity, but it’s also one of 11 states that allow state-licensed child protection agencies Refusing to offer services to children and families, including LGBTQ people and same-sex couples, if that conflicts with their religious beliefs, according to the Movement Advancement Project, a nonprofit organization.

Five states have regulations or policies that prohibit discrimination in foster families based on sexual orientation only, and 18 states have no explicit protection against discrimination in foster families based on sexual orientation or gender identity, according to the MAP.

The Supreme Court ruled in June on the issue of religious exemptions for federally funded contractors but avoided addressing whether religious contractors have a right to refuse to provide services or, as lawyers say, permission to discriminate.

Instead, the court ruled that the City of Philadelphia violated the Free Exercise Clause and discriminated against a religious foster home in using its licensing process, which allows contractors to apply for exemptions from portions of the contract.

Without a clearer explanation from the Supreme Court, LGBTQ people like Easter have continued to fight in court. Lambda Legal and Americans United represent Fatma Marouf and Bryn Esplin, a same-sex couple, in the same district as Easter. The couple claim that a USCCB undergraduate rejected them from applying to admit unaccompanied refugee children because they “did not mirror the Holy Family.”

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