Americans United for Separation of Church and State today appealed a Tennessee court ruling that a Knox County couple are barred from suing after seeing each other refused services by a state-funded fostering agency because they are Jewish.

Americans United filed a court case in January on behalf of Elizabeth and Gabriel Rutan-Ram, who were seeking to adopt a child from Florida. They were turned away from Holston United Methodist Home for Children, a state-funded agency that provides foster care, training and other services on behalf of the Tennessee Department of Children’s Services, because they are not Christians.

A three-judge state trial court panel ruled June 2-1 that the couple lacked standing – the right to sue – and therefore dismissed the case.

AU’s legal team filed an appeal today in the Tennessee Court of Appeals.

“Liz and Gabe Rutan-Ram have been victims of outrageous and unacceptable religious discrimination,” said Rachel Laser, President and CEO of Americans United. “This young couple wanted to help a child in need, but were told they couldn’t get services from a taxpayer-funded agency because they were of the wrong religion. Everyone should be appalled at the treatment they received.

Laser added, “Liz and Gabe deserve their day in court, and Americans United intends to see that they get it.”

The Rutan-Rams began the promotion process to adopt a child from Florida in 2021. They were told they had to complete Tennessee-mandated adoptive parent training and home study certification. The couple contacted the only agency in their area that was willing to provide these services for out-of-state placements – Holston United Methodist Home for Children, a state-funded agency that offers foster care placements, training and other services on behalf of the Tennessee Department of Children’s Services.

Holston first told the Rutan-Rams it would work with them. But on the day the Rutan-Rams were to begin training, the agency informed the couple that it would not serve them because they are Jewish. Holston said it “only provides[s] adoption services to prospective adoptive families who share our [Christian] belief system.” Because there was no other agency in the Knox County area that would provide foster parent training and certification for adopting a child out of state, the Rutan- Rams were unable to adopt the boy from Florida.

The trial, Rutan-Ram v. Tennessee Department of Children’s Services, also names department commissioner Jennifer Nichols as a defendant. The lawsuit argues that the department and Nichols violate the religious liberty and equal protection guarantees of Articles I and XI of the Tennessee Constitution by funding religious discrimination in foster care.

Joining the Rutan-Rams as plaintiffs in the lawsuit are six Tennessee taxpayers, including four religious leaders: Reverend Jeannie Alexander, Reverend Elaine Blanchard, Reverend Alaina Cobb, Reverend Denise Gyauch, Dr. Larry Blanz and Mirabelle Stoedter . The lower court ruled that these plaintiffs also had no right to sue, even though their tax money is being used, despite their objection, to fund religious discrimination in the foster families. . Americans United is also appealing this decision.

Lawyers working on the case include Americans United Associate Vice President and Associate General Counsel Alex J. Luchenitser; Richard B. Katskee, vice president and general counsel of Americans United; Gabriela Hybel, AU Legal Officer; and Scott Kramer at the Kramer Law Center.

Americans United is a religious freedom advocacy organization based in Washington, D.C. Founded in 1947, AU educates Americans about the importance of the separation of church and state in safeguarding religious freedom. Learn more about www.au.org.