A court victory for Christian adoption
by Rod Anderson, Christian Post:
A federal court has concluded that a New York-based Christian adoption agency cannot be forced to close down because of its policy of only placing kids in married heterosexual families.
New Hope Family Services filed suit against state officials after it was told that its faith-based policy of only placing children in married heterosexual homes violated a 2013 state law.
U.S. District Court Judge Mae D’Agostino granted New Hope a preliminary injunction against the New York Office of Children and Family Services’ interpretation of the law.
In her decision on Monday, D’Agostino concluded that the OCFS interpretation of the state adoption law against New Hope “demonstrates some animosity towards particular religious beliefs.”
“While not all of the evidence discussed weighs in favor of a finding of hostility when viewed individually, the totality of the evidence indicates that section 421.3(d), as promulgated and enforced by OCFS, is not neutral and appears to be based on some hostility towards New Hope’s religious beliefs,” wrote D’Agostino.
“In finding hostility, the Court relies on a number of factors … Those factors include OCFS’s implementation of the seemingly permissive language of New York Domestic Relations Law Section 110 as mandatory requirements in section 421.3(d), the severity of OCFS’s actions and the lack of explanation as to the legal authority to engage in such action, and statements made by OCFS personnel which demonstrate their motivations in enforcing section 421.3(d).”
Alliance Defending Freedom Senior Counsel Roger Brooks, whose organization helped represent New Hope, celebrated the granting of the preliminary injunction.
“Today’s ruling signals that the state’s attempt to shutter New Hope violated core rights protected by the First Amendment—the freedom to speak what you believe and the freedom to practice the teachings of your faith,” said Brooks in a statement released Monday.
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