California state officials have settled with the Church of Compassion and Dayspring Christian Learning Center, agreeing to pay nearly $200,000.^[1] This resolution follows an attempt to exclude the church from the state’s preschool lunch program, leading to a lawsuit filed by the church, the learning center, and Alliance Defending Freedom (ADF) in June of 2023.

The legal action claimed that officials from the U.S. Department of Agriculture and the California Department of Social Services barred their participation in the “Child and Adult Care Food Program”^[2] based on their religious beliefs concerning gender and sex.

The agreement reached by ADF and state officials includes a payment of $30,000 for meals covered out of pocket due to the absence of state funding and $160,000 for attorney’s fees.

RELIGIOUS FREEDOM WIN👏
We've settled a case on behalf of Church of Compassion's pre-k, who can now participate in a federal food program without giving up their religious beliefs.
The church will receive over $30k for the meals it provided families and $160k in attorneys' fees.

— Alliance Defending Freedom (@ADFLegal) January 17, 2024

In a press release, Jeremiah Galus, senior counsel for ADF, emphasized, “In the name of combating discrimination, government officials excluded the church and preschool from serving the El Cajon community based solely on their religious beliefs and exercise. While it shouldn’t have taken a lawsuit to resolve this, at least now Church of Compassion can continue its vital outreach to needy children and families.”^[3]

The Dayspring Christian Learning Center had been part of the USDA’s program for almost two decades until 2021, when the department changed its rules. The new regulations required all participants to commit to non-discrimination based on sexual orientation and gender identity.

Furthermore, in May 2022, the department mandated state directors of USDA’s food and nutrition service programs to prohibit “discrimination on the basis of gender identity and sexual orientation.”^[4]

The lawsuit contended that the Church of Compassion and Dayspring Christian Learning Center failed to meet these new requirements for the 2022-2023 school year due to their beliefs on “human sexuality” and their refusal to “use any child or employee’s ‘preferred’ pronouns that do not correspond to biological sex.”

ADF argued that the department and state officials deliberately discriminated against the church and the learning center based on their faith, violating the First Amendment. According to the First Amendment, the government is prohibited from establishing any law that interferes with the free exercise of religion.

In this case, ADF asserts that the government officials' decision to exclude the church and learning center from the program infringes upon their constitutional right to freely practice their religious beliefs without facing discriminatory consequences.

“The government can’t withhold food from families in need simply because their children attend a Christian preschool. The Constitution protects the right of the Church of Compassion and its preschool to operate according to the dictates of their faith,” stated Galus in the press release.^[2]

In the United States, the government cannot violate religious liberty. It's particularly concerning that this religious discrimination was done in a way that harmed needy children.

 

References

1. Church of Compassion v Johnson Settlement Agreement. January 2024.

2. USDA: Child and Adult Care Food Program

3. CA church, preschool again free to serve children as part of food program. Alliance Defending Freedom. January 2024.

4. Application of Bostock v. Clayton County to Program Discrimination Complaint Processing – Policy Update. May 5, 2022. Food and Nutrition Service. USDA.