MADDONNA v. UNITED STATES DEPARTMENT OF HEALTH

Case No.: 6:19-cv-3551-JD.

696 F.Supp.3d 176 (2023)

Aimee MADDONNA, Plaintiff, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Alex Azar, in his official capacity as Secretary of the United States Department of Health and Human Services; Administration for Children and Families, United States Department of Health and Human Services; Lynn Johnson, in her official capacity as Assistant Secretary of the Administration for Children and Families; Henry McMaster, in his official capacity as Governor of the State of South Carolina; and Michael Leach, in his official capacity as State Director for the South Carolina Department of Social Services, Defendants.

United States District Court, D. South Carolina, Greenville Division.

Filed September 29, 2023.


Attorney(s) appearing for the Case

Aaron J. Kozloslki, Capitol Counsel, Lexington, SC, Kenneth Dale Upton, Jr., Pro Hac Vice, Richard B. Katskee, Pro Hac Vice, Sarah Ruth Goetz, Pro Hac Vice, Americans United for Separation of Church and State, Washington, DC, for Plaintiffs.

Benjamin Thomas Takemoto, Pro Hac Vice, James Ryan Powers, Pro Hac Vice, U.S. Department of Justice CV Division, Washington, DC, Christie V. Newman, U.S. Attorneys Office, Columbia, SC, for Defendants United States Department of Health and Human Services, Alex M. Azar, II, Administration for Children and Families, Lynn Johnson.

Daniel Howard Blomberg, The Becket Fund for Religious Liberty, Mt. Pleasant, SC, Erica Wells Shedd, Thomas Ashley Limehouse, Jr., William Grayson Lambert, Office of the Governor State of South Carolina South Carolina State House, Columbia, SC, Robert DeWayne Cook, SC Attorney General's Office, Columbia, SC. Lori Halstead Windham, Pro Hac Vice, Nicholas R. Reaves, Pro Hac Vice, William J. Haun, Pro Hac Vice, Becket Fund for Religious Liberty, Washington, DC, Miles Edward Coleman, Nelson Mullins Riley and Scarborough, Greenville, SC, for Defendant Henry McMaster.

Kenneth Paul Woodington, William Henry Davidson, II, Davidson Wren and DeMasters PA, Columbia, SC, Miles Edward Coleman, Nelson Mullins Riley and Scarborough, Greenville, SC, for Defendant Michael Leach.

Christopher Clinton Mingledorff, Mingledorff and Patterson LLC, Charleston, SC, Matthew Alan Brown, Pro Hac Vice, Wagenmaker and Oberly LLC, Charleston, SC, for Amicus Coalition for Jewish Values.

Annie Chiang, Pro Hac Vice, Kevin M. Gallagher, Pro Hac Vice, Virginia Office of the Attorney General, Richmond, VA, Richard S. Dukes, Jr., Turner Padget Graham and Laney, Charleston, SC, for Amicus Commonwealth of Virginia.


ORDER AND OPINION

This is essentially a First Amendment Establishment Clause case arising from a third-party foster care child-placing agency's ("CPA") policy of only working with Christian foster parents who affirm its doctrinal statement of faith. (DE 1.) In South Carolina, the foster...

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