Paxton Files Two Amicus Briefs in Defense of Religious Adoption and Guardianship Agencies

AUSTIN, TX — Attorney General Paxton joined two similar Virginia-led amicus filings in the U.S. District Court for the District of South Carolina in defense of the religious freedoms of child custody and adoption agencies that provide life-changing services for children and families around the world. a country.

The amicus briefs were filed in defense of a religious foster care agency in South Carolina called Miracle Hill, which is a Protestant organization that has been sued for the role its Christian views play in serving the community and fulfilling its mission to help children. As a religious organization, Miracle Hill has certain requirements for adoptive parents who wish to cooperate with the organization, which are protected by law and the US Constitution.

Agencies like Miracle Hill provide an invaluable service and act in accordance with the Constitution, as the Eden Rogers v. US Department of Health and Human Services brief states: [child placing agencies] to address the crisis in foster care, the government does not violate the establishment clause. Indeed, the Supreme Court has recently made clear that the Establishment Clause not only permits accommodations for religious foster care agencies, but that in many cases the freedom of enforcement clause requires such accommodations.”

The ruling against Miracle Hill could also have negative repercussions for faith-based organizations across the country, according to a brief in Aimee Maddonna v. U.S. Department of Health and Human Services: contracting with private organizations to provide foster care services, allowing these private organizations to act in accordance with their deeply rooted religious beliefs, could affect how states work with both religious and non-religious childcare providers.”

Attorney General Paxton had previously filed a lawsuit to prevent the Biden administration from enacting a rule that would force certain religious foster families and adoption services to violate their religious beliefs in order to receive federal funds.

To read a summary of amicus in Eden Rogers, click here.

To read a rundown of amicus in Aimee Maddonna, click here.

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