Like most couples who want to have a child, Tennessean couple Liz and Gabe Rutan-Ram were saddened to learn they could not have a biological baby. Instead of giving up their dream, they decided to become parents by adopting, working with the Tennessee Child Services Department, and were willing to jump through a few hoops in order to prove they’d be great parents.

But instead of wrangling with legal documents and interviews, the Rutan-Rams were faced with a different challenge in being approved to adopt a child. Stymied in their efforts by a government-funded state agency, the coupled filed a complaint against the state Child Services Department, accusing them of discrimination because they are Jewish.

The Knoxville couple filed the “Americans United for Separation of Church and State” complaint on January 19, 2022. The complaint also names department Commissioner Jennifer Nichols as a defendant, explaining the department and Nichols are illegally violating religious freedom and equal protection provisions in Articles I and XI of the Tennessee Constitution by funding religious discrimination in foster-care services.

The suit alleges the Department “violated the Tennessee Constitution’s religious freedom and equal protection provisions by contracting with and using tax dollars to fund an agency that engages in religious discrimination.”

Six plaintiffs joined the Rutan-Ram lawsuit, including The Rev Jeannie Alexander, an interfaith pastor from Davidson County; The Reverend Elaine Blanchard, a Disciples of Christ minister from Shelby County; The Reverend Alaina Cobb, a Christian minister from Davidson County; The Reverend Denise Gyauch, a Unitarian Universalist minister from Davidson County; Dr. Larry Blanz of Davidson County, a retired psychologist, and Mirabelle Stoedter, a Davidson County resident who serves as treasurer of the Tennessee chapter of Americans United for Separation of Church and State.

In court documents, the couple said that in 2021, after “realizing that they could not have biological children of their own,” they decided to apply to adopt a child, via the state’s foster care agency. Their complaint states the couple “identified a boy in Florida with a disability whom they hoped to welcome into their family and provide with a loving and nurturing home.”

They were told they needed to meet the Tennessee State requirements to adopt a child and must successfully complete the in-state foster/parent training program to obtain their home-study certification.

The complaint explains that the couple worked with the Holston United Methodist Home for Children, an in-state organization that receives state funds for the purposes of “training, and other services on the Department’s behalf to prospective and current foster parents.”

When they signed up with the Holston United Methodist Home for Children, they were told they’d be receiving the training and home services they needed to be approved as adoptive parents. But on the very first day of training, the complaint alleges, the organization told the couple they could not work with them because they are Jewish.

The lawsuit states a Holston United Methodist Home for Children staffer, Elizabeth, told them that as a “Christian organization, our executive team made the decision several years ago to only provide adoption services to prospective adoptive families that share our belief system in order to avoid conflicts or delays with future service delivery.”

“I felt like I’d been punched in the gut,” said Liz Rutan-Ram. “It was the first time I felt discriminated against because I am Jewish. It was very shocking. And it was very hurtful that the agency seemed to think that a child would be better off in state custody than with a loving family like us.”

Her husband agreed.

“It’s infuriating to learn our tax dollars are funding discrimination against us,” said Gabe Rutan-Ram. “If an agency is getting tax money to provide a service, then everyone should be served — it shouldn’t matter whether you’re Jewish, Catholic or an atheist. We’re all citizens of Tennessee, regardless of our religion.”

The lawsuit challenges a specific state law passed one year ago in the state. In 2021, Tennessee Governor Bill Lee signed into law House Bill 836, authorizing taxpayer-funded foster care agencies in the state to be able to legally deny prospective adoptive families who are of the “wrong” religion from receiving their services to help them adopt children.

House Bill 836 ostensibly conflicts with the US Constitution, which allows freedom of religion for all Americans in all states. The bill also apparently violates laws prohibiting government-funded discrimination, since the foster home organization receives funding from the state of Tennessee yet will not consider Jews as parents to children in need of a home.

Numerous Tennessee leaders who protested Bill 836 last year are again speaking out against the discriminatory bill.

“Tennessee is reneging on that promise by allowing a taxpayer-funded agency to discriminate against Liz and Gabe Rutan-Ram because they are Jews,” said Alex J. Luchenitser, associate vice president and associate legal director at Americans United. “Laws like House Bill 836 must not stand when they allow religion to be used to harm vulnerable kids and people like Liz and Gabe who want to provide those children with safe and loving homes.”

The Holston United Methodist Home for Children has protested federal laws protecting citizens from discrimination in matters of adoption previously. In December 2021, the Holston United Methodist Home for Children sued the Biden administration for violating their first amendment rights, saying the regulations that prohibit discrimination in programs funded by U.S. Health and Human Services “on the basis of religion, sex, sexual orientation, gender identity and same-sex marriage status” impinge on their religious rights under the First Amendment.