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BY EMAIL & REGULAR U.S. MAIL February 28, 2019 Senator Marty

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BY EMAIL & REGULAR U.S. MAIL February 28, 2019 Senator Marty Regional Officers Regional Board Chair Phil Rubin Executive Committee Michael Baumrind Lauren Estrin Eric Fisher Deni-Kay Freier Ira Genser Allan Hamer Rebecca Hoelting-Short Walter Jospin Frank McCloskey Joel Neuman BY EMAIL & REGULAR U.S. MAIL Lori Peljovich Steve Pepper Mindy Planer Drew Shenkman February 28, 2019 Bernard Taylor Chuck Taylor Sabina Vayner-Simms Samantha Weidenbaum Senator Marty Harbin Rick Williams Robert Wittenstein 302-A Coverdell Legislative Office Building Comer Yates Atlanta, GA 30334 Regional Office Staff Regional Director Allison Padilla-Goodman Re: Senate Bill 221 Deputy Regional Director Shelley Rose Director of Development Dear Senator Harbin, Erica Greenblatt Education Director Erin Beacham We write to express our deep concern that Senate Bill 221, “The Religious Freedom Associate Director of Restoration Act” (“SB 221”), if enacted, will be used as a vehicle to justify discrimination Development Alecia McLochlin against Jews, Christians and others in the foster care context, as well as in the Assistant Regional Director marketplace. David Hoffman Regional Coordinator Nathan Blankenship Founded in 1913 in response to an escalating climate of anti-Semitism and bigotry, ADL National Officers is a leading anti-hate organization with the timeless mission to protect the Jewish National Chair Esta Epstein people and to secure justice and fair treatment for all. Today, we continue to fight all CEO and National Director forms of hate with the same vigor and passion. A global leader in exposing extremism, Jonathan A. Greenblatt delivering anti-bias education, and fighting hate online, ADL’s ultimate goal is a world in Deputy National Director Kenneth Jacobson which no group or individual suffers from bias, discrimination, or hate. SB 221 appears to be based on the 1993 federal Religious Freedom Restoration Act (“RFRA”). As a longtime religious freedom advocate, ADL supported the passage of RFRA. That support, however, was based on the law being used as a shield to protect the religious exercise of individuals and faith-based institutions from government infringement. RFRA was never intended as a sword to harm or discriminate against others. Yet in recent years, that is the interpretation the U.S. Supreme Court and the U.S. Department of Justice have given to RFRA.123 Our concern about SB 221 being used as a vehicle to discriminate is not hypothetical. As you are likely aware, there is an ongoing issue with Miracle Hill Ministries of South Carolina seeking to discriminate against prospective foster parents on the basis of religion. Indeed, last year Miracle Hill rejected a woman, who had been a foster parent in Florida, as a volunteer mentor for foster children under its care simply because she is 1 “ADL Disappointed by ‘Minefield’ Created by Supreme Court’s Decision on Contraceptive Coverage,” ADL, June 30, 2014 - https://www.adl.org/news/press-releases/adl-disappointed-by-minefield-created-by- supreme-courts-decision-on (web-page last visited Feb. 28, 2019). 2 “ADL Cautions States on ‘Religious Freedom’ Laws That Empower Discrimination,” ADL, April 1, 2015 - https://www.adl.org/news/press-releases/adl-cautions-states-on-religious-freedom-laws-that-empower- discrimination (web-page last visited Feb. 28, 2019). 3 “ADL to Challenge Justice Department Religious Liberty Guidance, Calls it a ‘Roadmap for Discrimination,’” ADL, Oct. 10, 2017 - https://www.adl.org/news/press-releases/adl-to-challenge-justice- department-religious-liberty-guidance (web-page last visited Feb. 28, 2019). ADL Southeast 3490 Piedmont Road, Suite 610, Atlanta, GA 30305 | t: 404.262.3470 | f: 404.262.3548 | [email protected] | atlanta.adl.org 1 Regional Officers Regional Board Chair Phil Rubin Executive Committee Michael Baumrind Lauren Estrin Eric Fisher Deni-Kay Freier Ira Genser Allan Hamer Rebecca Hoelting-Short Walter Jospin Frank McCloskey 4 Joel Neuman Jewish. More recently, another Jewish woman and a Catholic woman alleged that Lori Peljovich 5 6 Steve Pepper Miracle Hill rejected them as foster parents because of their faith. Mindy Planer Drew Shenkman Bernard Taylor Chuck Taylor Indeed, invoking RFRA, the U.S. Department of Health and Human Services recently Sabina Vayner-Simms Samantha Weidenbaum granted Miracle Hill a waiver from federal regulations prohibiting religious discrimination Rick Williams 7 Robert Wittenstein by federally funded foster care agencies. It is critical to detail the breadth of religious Comer Yates discrimination the federal government now allows Miracle Hill to engage in the provision Regional Office Staff Regional Director of foster care services. Allison Padilla-Goodman Deputy Regional Director Shelley Rose According to Miracle Hill’s foster parent policy: Director of Development Erica Greenblatt A foster parent for Miracle Hill must: 1) be a born-again believer in the Lord Education Director Erin Beacham Jesus Christ as expressed by a personal testimony and Christian conduct; 2) be Associate Director of in agreement without reservation with the doctrinal statement of Miracle Hill Development Alecia McLochlin Ministries; 3) be an active participant in, and in good standing with, a Protestant Assistant Regional Director church; 4) have a genuine concern for the spiritual welfare of children entrusted David Hoffman to their care; 5) have a lifestyle that is free of sexual sin (to include pornographic Regional Coordinator 8 Nathan Blankenship materials, homosexuality, and extramarital relationships) … (emphasis added). 9 National Officers National Chair Esta Epstein CEO and National Director At a minimum, Miracle Hill under the purview of RFRA is permitted to discriminate Jonathan A. Greenblatt against otherwise qualified, prospective foster parents because a person is Jewish or Deputy National Director Kenneth Jacobson follows another non-Christian faith; Catholic; Mormon; mainline Protestant, including Episcopalian, Lutheran or Presbyterian; in an interreligious marriage; or a Born-again Christian, but inactive in a Protestant church, not in good standing with such a church, not in full agreement with Miracle Hill’s doctrinal statement, or in an extramarital relationship. Ultimately, it is vulnerable children who will be most harmed by the SB 221. Like South Carolina, the number of foster children in Georgia well exceed the number of willing and 4 “Scrutiny of Miracle Hill’s faith-based approach reaches new level,” Angelia Davis, Greenvilleonline.com, March 1, 2018 available at https://www.greenvilleonline.com/story/news/2018/03/01/miracle-hill-foster- care/362560002/ (web-page last visited Feb. 28, 2019). 5 “I was barred from becoming a foster parent because I am Jewish,” Lydia Currie, JTA, Feb. 5, 2019 - https://www.jta.org/2019/02/05/opinion/i-was-barred-from-becoming-a-foster-parent-because-i-am-jewish (web-page last visited Feb. 28, 2019). 6 “AP Exclusive: Lawsuit claims discrimination by foster agency,” Meg Kinnard, AP, Feb. 15, 2019 - https://apnews.com/ed3ae578ebdb4218a2ed042a90b091c1 (web-page last visited Feb. 28, 2019). 7 “Re: Request for Deviation or Exception from HHS Regulations 45 CFR 75.300(c),” U.S. Department of Health and Human Services, Administration for Children & Families, Jan. 23, 2019 - https://governor.sc.gov/sites/default/files/Documents/newsroom/HHS%20Response%20Letter%20to%20Mc Master.pdf (web-page last visited Feb. 28, 2019). 8 “Miracle Hill Foster Home,” https://miraclehill.org/wp-content/uploads/2016/11/Foster-Care-MHM-req.pdf (web-page last visited Feb. Jan. 30, 2019). 9 See “Maddonna v. U.S. Department of Health and Human Services, et al.,” Complaint, U.S. District Court, District of South Carolina - https://www.au.org/sites/default/files/2019- 02/Maddonna%20v.%20HHS%20Complaint%202.15.19.pdf (web-page lasted visited Feb. 28, 2019). ADL Southeast 3490 Piedmont Road, Suite 610, Atlanta, GA 30305 | t: 404.262.3470 | f: 404.262.3548 | [email protected] | atlanta.adl.org 2 Regional Officers Regional Board Chair Phil Rubin Executive Committee Michael Baumrind Lauren Estrin Eric Fisher Deni-Kay Freier Ira Genser Allan Hamer Rebecca Hoelting-Short Walter Jospin Frank McCloskey 10 11 Joel Neuman qualified foster parents. And in Georgia 85% of children who go into foster homes Lori Peljovich 12 Steve Pepper are adopted. No child should be denied a loving foster or forever home simply Mindy Planer Drew Shenkman because a prospective parent is Jewish, the wrong Christian denomination or another Bernard Taylor Chuck Taylor non-Christian faith. Sabina Vayner-Simms Samantha Weidenbaum Rick Williams Robert Wittenstein However, such discrimination and the resulting harm to children will be exactly what Comer Yates Georgia would be sanctioning should SB 221 become law. Just like HHS’ interpretation Regional Office Staff Regional Director of RFRA, SB 221 could provide Child Placement Agencies with a broad religious Allison Padilla-Goodman exemption on which to justify rejection of prospective foster parents on the basis of Deputy Regional Director Shelley Rose religion. Director of Development Erica Greenblatt Should SB 221 legislation be enacted, Georgia also would authorize a broad and Education Director Erin Beacham general religious exemption to discrimination against Jews, Christians and other faiths Associate Director of in the marketplace. Georgia does not have a law prohibiting discrimination by Development Alecia McLochlin businesses on the basis of religion. Although the federal 1964 Civil Rights Act does Assistant Regional Director prohibit discrimination on the basis
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