Christian Adoption Agency Beats N.Y. in Court: State Can’t Close it over Same-Sex Policy

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Christian Adoption Agency Beats N.Y. in Court: State Can’t Close it over Same-Sex Policy


A U.S. federal judge handed a Christian adoption agency a major victory Monday when it blocked the state of New York from closing the agency over its policy on same-sex adoption.

At issue is a policy by the New York State Office of Children and Family Services (OCFS) that requires adoption agencies to place children in opposite-sex and same-sex homes.

OCFS threatened to close a faith-based adoption ministry, New Hope Family Services, but the agency sued in federal court, claiming violations of its constitutionally protected rights of religious liberty and free speech.

On Monday, District Judge Mae A. D’Agostino agreed with the agency and issued an injunction against the state, saying the agency likely will succeed in its suit.

“The Court finds that the totality of the evidence weighs in favor of a finding of hostility” toward religion, she wrote.

Enforcing the state policy, she ruled, “runs contrary to the state’s interest in maximizing the number of families available for adoption.”

D’Agostino, who was nominated by President Obama, previously ruled against the agency in 2019, but the agency appealed, and the Second Circuit Court of Appeals reversed her decision, sending it back to D’Agostino. She noted in Monday’s decision she had “specific instructions” she was “bound to follow.”

New Hope’s policy prohibits the placement of children in same-sex homes…

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