A Christian nonprofit from Ohio that helps survivors of human trafficking filed a lawsuit against the Montgomery County Department of Job and Family Services and the county commission over a decision not to renew a substitute care contract with the nonprofit. The nonrenewal followed a nasty dispute over a proposed equal employment provision.
Lawyers representing Gracehaven Inc. argued in a complaint filed in Dayton’s U.S. District Court this month that the Christian nonprofit receives some exemptions under federal employment law. The lawsuit states “As a direct result of Montgomery County’s refusal to contract with Gracehaven, the ministry has lost many opportunities to further its religious calling by helping youth survivors of sex trafficking through its group home and recovery services.”
Jake Reed of the Alliance Defending Freedom, Gracehaven’s lead attorney, did not return a request for comment about the lawsuit. The charity provides sex trafficking prevention services and rehabilitation. Gracehaven is part of Central Ohio Youth for Christ. It operates three state-licensed therapeutic group homes. Greg Flannagan, Montgomery County Prosecutor’s Office spokesperson said his office cannot comment on a lawsuit until it has completed a thorough review.
The Christian not-for-profit contracted with the Montgomery County Department of Job and Family Services from 2017 until this spring. The contract ran in two-year blocks. It allowed some Montgomery County foster care placements to receive treatment through Gracehaven. Gracehaven was reimbursed using Title IV-E foster care maintenance payment funds.
However, during the most recent round of negotiations, Gracehaven noticed a contract provision that incorporated federal law that prohibits employee discrimination based on religion or other traits. Gracehaven requires all employees to sign a document proving they share their religious beliefs. Representatives for Gracehaven told the County it would not be “waiving or surrendering its right to employ only those who share its faith by signing the contract, but it would sign the contract ‘as is.’”
The Montgomery County Department of Job and Family Services responded in an email that it would no longer “move forward with the renewal” of the contract. According to lawyers for Gracehaven, the nonprofit is not considered a contractor or subcontractor under federal law by receiving Title IV-E funds. The lawsuit stated that the per diem rate was expected to be $375 for every person placed into their care. The lawsuit states “As a direct result of Montgomery County’s refusal to contract with Gracehaven, the ministry’s operational budget is less than it otherwise would be if it had entered into the New Contract with the County,” the lawsuit states.
The lawsuit states, “As a nonprofit religious organization, Gracehaven has the legally protected right to prefer hiring only those who share and live out its religious beliefs and practices.” Montgomery County employees attempted to refer 14 girls to Gracehaven for group home placements, but Gracehaven could not accept those referrals.
Other states have run afoul of Christian charities as well. A town in Georgia is accused of breaking the Religious Land Use and Institutionalized Persons Act of 2000. The Well is run by FaithWorks, an organization affiliated with the South Georgia Conference of the United Methodist Church. The Well started operating in Brunswick in 2014, and the facility serves as a place where the homeless can shelter from harsh weather, and receive meals and showers.
The DOJ complaint reads “Through its campaign to shut down The Well, including a mandatory closure order and a nuisance lawsuit, Brunswick imposed a substantial burden on the religious exercise of FaithWorks, and of The Well’s staff and leadership, without a compelling interest and without using the least restrictive means of achieving that interest, in violation of RLUIPA.”