Rogers v. Health and Human Services
What's at Stake
Eden Rogers and Brandy Welch were turned away by a government-funded foster care agency for failing to meet the agency鈥檚 religious criteria which exclude prospective foster parents who are not evangelical Protestant Christian or who are same-sex couples of any faith.
Summary
The federal Department of Health and Human Services (HHS) and South Carolina fund Miracle Hill, South Carolina鈥檚 largest state-contracted foster care agency, with taxpayer money to perform child welfare services for children. In order to foster through Miracle Hill an applicant must agree with Miracle Hill鈥檚 鈥渄octrinal statement,鈥 including 鈥渢hat God鈥檚 design for marriage is the legal joining of one man and one woman in a life-long covenant relationship鈥 鈥 a requirement that excludes same-sex couples of any faith. HHS and South Carolina have sanctioned and facilitated the use of these religious criteria in the public child welfare system.
Eden and Brandy鈥檚 application to serve as foster parents was denied by Miracle Hill Ministries after South Carolina requested and HHS granted a waiver of federal nondiscrimination rules for federally funded agencies. In so doing, HHS and the State authorized and enabled taxpayer-funded foster care agencies to use religious criteria to exclude families based on their faith and sexual orientation.
Lambda Legal and the 老澳门开奖结果 filed the lawsuit on May 30, 2019 in U.S. District Court for the District of South Carolina on behalf of Eden and Brandy. The lawsuit claims that HHS, the HHS Administration for Children and Families, certain HHS officials, South Carolina Governor Henry McMaster, and the Director of the South Carolina Department of Social Services are violating the Establishment and Equal Protection Clauses of the U.S Constitution by authorizing and enabling the use of religious criteria by Miracle Hill to screen out would-be foster families because of their faith or sexual orientation.
Update: The district court granted the defendants鈥 motion for summary judgment on September 29, 2023. This case is now concluded.
Legal Documents
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09/29/2023
Order Denying Plaintiffs' Motion for Summary Judgment and Granting State Defendants' Motion for Summary Judgment -
11/17/2022
Plaintiffs' Motion for Summary Judgment -
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01/17/2023
Defendants' Opposition to Plaintiffs' Motion for Summary Judgment -
02/07/2023
Plaintiffs' Reply in Support of Motion for Summary Judgment
Rogers v. Health and Human ServicesLegal DocumentsDefendants' Opposition to Plaintiffs' Motion for Summary JudgmentDate Filed: 01/17/2023
Court: District Court of South Carolina
Affiliate: South Carolina
Rogers v. Health and Human ServicesLegal DocumentsPlaintiffs' Reply in Support of Motion for Summary JudgmentDate Filed: 02/07/2023
Court: District Court of South Carolina
Affiliate: South Carolina
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01/17/2023
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11/17/2022
Defendants' Motion for Summary Judgment -
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01/17/2023
Plaintiffs' Opposition to Defendants' Motion for Summary Judgment
Rogers v. Health and Human ServicesLegal DocumentsPlaintiffs' Opposition to Defendants' Motion for Summary JudgmentDate Filed: 01/17/2023
Court: District Court of South Carolina
Affiliate: South Carolina
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01/17/2023
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12/02/2021
Order Denying Defendants' Motion for Judgment on the Pleadings -
07/15/2021
Motion for Judgment on the Pleadings -
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08/12/2021
Plaintiffs' Opposition to Motion for Judgment on the Pleadings -
08/26/2021
Defendants' Reply in Support of Motion for Judgment on the Pleadings
Rogers v. Health and Human ServicesLegal DocumentsPlaintiffs' Opposition to Motion for Judgment on the PleadingsDate Filed: 08/12/2021
Court: District Court of South Carolina
Affiliate: South Carolina
Rogers v. Health and Human ServicesLegal DocumentsDefendants' Reply in Support of Motion for Judgment on the PleadingsDate Filed: 08/26/2021
Court: District Court of South Carolina
Affiliate: South Carolina
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08/12/2021
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05/08/2020
Order Granting in Part and Denying in Part Defendants' Motion to Dismiss -
08/29/2019
Motions to Dismiss -
- Federal Defendants' Motion to Dismiss
- Defendant McMaster's Motion to Dismiss
- Plaintiffs' Opposition to Defendants' Motions to Dismiss
- Federal Defendants' Reply
- Defendant McMaster's Reply
Rogers v. Health and Human ServicesLegal DocumentsFederal Defendants' Motion to DismissDate Filed: 08/29/2019
Court: District Court of South Carolina
Affiliate: South Carolina
Rogers v. Health and Human ServicesLegal DocumentsDefendant McMaster's Motion to DismissDate Filed: 08/30/2019
Court: District Court of South Carolina
Affiliate: South Carolina
Rogers v. Health and Human ServicesLegal DocumentsPlaintiffs' Opposition to Defendants' Motions to DismissDate Filed: 09/27/2019
Court: District Court of South Carolina
Affiliate: South Carolina
Rogers v. Health and Human ServicesLegal DocumentsFederal Defendants' ReplyDate Filed: 10/11/2019
Court: District Court of South Carolina
Affiliate: South Carolina
Rogers v. Health and Human ServicesLegal DocumentsDefendant McMaster's ReplyDate Filed: 10/11/2019
Court: District Court of South Carolina
Affiliate: South Carolina
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05/30/2019
Complaint -
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05/22/2020
Federal Defendants' Answer to Complaint -
05/22/2020
Defendant McMaster's Answer to Complaint
Rogers v. Health and Human ServicesLegal DocumentsFederal Defendants' Answer to ComplaintDate Filed: 05/22/2020
Court: District Court of South Carolina
Affiliate: South Carolina
Rogers v. Health and Human ServicesLegal DocumentsDefendant McMaster's Answer to ComplaintDate Filed: 05/22/2020
Court: District Court of South Carolina
Affiliate: South Carolina
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05/22/2020
Date Filed: 09/29/2023
Court: District Court of South Carolina
Affiliate: South Carolina
Date Filed: 11/17/2022
Court: District Court of South Carolina
Affiliate: South Carolina
Date Filed: 11/17/2022
Court: District Court of South Carolina
Affiliate: South Carolina
Date Filed: 12/02/2021
Court: District Court of South Carolina
Affiliate: South Carolina
Date Filed: 07/15/2021
Court: District Court of South Carolina
Affiliate: South Carolina
Date Filed: 05/08/2020
Court: District Court of South Carolina
Affiliate: South Carolina
Date Filed: 05/30/2019
Court: District Court of South Carolina
Affiliate: South Carolina
Press Releases
South Carolina Same-Sex Couple to Have Their Day in Court in Challenge to HHS and South Carolina Foster Care Policy