On behalf of client Gracehaven, Alliance Defending Freedom filed the lawsuit against the Montgomery County Department of Job and Family Services, and the Montgomery County Board of Commissioners.
The director and assistant director of Family Services, and three county commissioners, are named as defendants in the lawsuit that alleges a Free Exercise violation of the First Amendment.
Jacob Reed, an attorney at Alliance Defending Freedom, tells AFN the non-profit ministry was participating in a county-led foster care program, known as Title IV-E, that includes public funds.
“All that changed this year,” Reed says, “when the county learned that Gracehaven hires only those who share and live out its Christian faith.”
According to ADF, when it was time to sign a new contract this year, Gracehaven learned the paperwork included a non-discrimination requirement for employment. Because it is a Christian ministry, Gracehaven could not agree to that provision and alleges county officials ended the partnership for foster care services.
Gracehaven was forced to sue, Reed says, because the county’s decision is “unconstitutional” and violates recent U.S. Supreme Court rulings.
While the lawsuit proceeds, ADF plans to ask for a preliminary injunction that would allow Gracehaven to participate in the foster care program.
To date, Gracehaven has been asked to help 14 girls but has to turn them away because of the contract dispute, ADF also claims.
AFN is seeking comment from Montgomery County about the lawsuit.
