KNOXVILLE, Tenn. — A Jewish couple in Knox County who was denied by a Methodist foster care agency is arguing they can fairly sue for religious discrimination in an appeal over a previous court decision that considered the matter closed.
The previous lawsuit challenged a 2020 state law that protects private adoption agencies if they reject applicants based on religious beliefs, even if the agency gets state funding. Elizabeth and Gabriel Rutan-Ram argued that the law, known as House Bill 0836, let them be subject to religious discrimination.
They said Holston United Methodist Home for Children in Greeneville barred them from taking state-mandated foster-parent training and denied a home-study certification because of their faith, while they attempted to adopt a child last year.
The organization is one of the few able to provide services needed to adopt an out-of-state child, according to the court filing. The couple said the organization told them they would not provide services because of their faith, in an email sent the day they would have started training.
"Holston refuses to serve prospective foster or adoptive parents who do not agree with Holston's statement of faith, which reflects a particular understanding of Christianity," their argument says. "Even a substantial proportion of Christians likely would not agree with Holston's statement of faith."
The state responded that it had nothing to do with Holston's refusal to help them and that regardless the matter has been resolved because they've now become foster parents. Judges dismissed the lawsuit.
In Thursday's court filing, the couple is arguing they should be able to fairly sue for religious discrimination. They argued that the state was violating their rights as taxpayers by using public money to fund agencies that violate the state's constitution.
"All the plaintiffs object to the department’s use of their tax payments to fund Holston or any other child-placing agencies that discriminate based on religion in state-funded programs or services," the court filing says. "It violates the plaintiff's conscience to contribute tax dollars toward the support of discriminatory practices that advance Holston's religious beliefs in particular or religious beliefs in general."
They are now long-term foster parents to a teenage girl, according to the court filing. However, they said in the future they hope to work with "Group Care Facilities" that provide residential services for kids in the foster care system. Only two agencies operate such facilities in East Tennessee — Holston and the Smoky Mountain Children's Home, according to the court filing.
"The stigma that discrimination inflicts is alone a sufficient basis for standing," the argument says.