A San Diego area church-daycare is claiming it's unconstitutional for the federal and state governments to cut off meal subsidies for children, because the church won't obey new gender identity mandates.
"The Biden administration and California state officials are taking away lunch money from low-income children simply because they attend a Christian school," the Church of Compassion argued.
The Church of Compassion, of El Cajon, operates a preschool and daycare center. For almost two decades, the Church has participated in the U.S. Child and Adult Care Food Program, receiving through the end of last year, $3,500-$4,500 per month to pay for childrens' meals, according to the Church. The program is administered overall by the U.S. Department of Agriculture (USDA), and in California is directly run by the California Department of Social Services (CDSS).
California Attorney General Rob Bonta
The CDSS told the Church in 2022 the Church would have to follow federal requirements regarding sexual orientation and gender identity, or forfeit meal payments. The Church refused and in December payments stopped.
The Church describes itself as adhering to non-denominational orthodox Christian teachings, with the Bible held to be the sovereign word of God. The Church went to U.S. District Court for the Southern District of California to reinstate the payments without the requirement the Church abide by the federal mandates, contending the dictates violate its freedom of speech and religion.
"If you disagree with any of the government’s new ideas about human sex, you are automatically a bigot. The specious charge that if you disagree with others on this issue, you must necessarily be hateful, is a tired, divisive, uncivil and toxic accusation. Reasonable loving people can disagree," the Church said.
The Church filed its litigation against the CDSS and the USDA. The case is before Judge Andrew Schopler, who was nominated for the bench by President Joe Biden.
The Church asserted in court documents the mandates are wrongly based on federal civil rights law Title IX, which prohibits sex discrimination, but says nothing about sexual orientation or gender identity. And "expanding the law in this way, without public notice or comment, violates the Administrative Procedure Act," the Church maintained.
The Church said the CDSS and USDA took no heed of the Church's interest in "maintaining sex-specific restrooms, dress codes, or athletics" and "freedom of religion, speech, and association, such as in hiring practices or using pronouns that correspond with biological sex."
In the Church's view, "The religious hostility here was like the hostility on display in Masterpiece Cakeshop." In the Masterpiece case, the U.S. Supreme Court ruled a Colorado baker did not have to make a wedding cake for a same-sex couple. The baker had refused because of his religious beliefs.
According to the Church, many of the children, who attend its daycare and preschool, are immigrants and 40 percent qualify for free meals under the U.S. Child and Adult Care Food Program. Quoting U.S. Code 42, which deals with social welfare, the Church contended children are the losers from the government's action.
"Kicking [the Church] out of the program because some government officials do not like their religious beliefs does nothing to advance the government’s only real interest here: providing 'nutritious foods that contribute to the wellness healthy growth, and development of young children,'" the Church argued.
The Church has been represented by: Dean Broyles, of the National Center for Law and Policy, of Escondido; Mariah Gondeiro and Julianne Fleischer, of Advocates for Faith and Freedom, of Murrieta; and Julie Blake, Andrea Dill, David Cortman, Ryan Tucker and Jeremiah Galus, of Alliance Defending Freedom, based in Scottsdale, Arizona.
The CDSS has been defended by California Deputy Attorney Generals Katherine Grainger and Emmanuelle Soichet. The USDA is defended by the U.S. Attorney General's Office in San Diego.