Written by Don Byrd
A lawsuit alleging improper proselytizing of children by Kentucky Baptist Homes using state dollars seemingly came to an end last year when the state agreed to terms with the ACLU and Americans United. The state agreed to establish safeguards to prevent future abuses of religious liberty with taxpayer funds related to the private child-caring agreements (PCC). Now, a judge has approved that settlement, but the case may not yet be over.
For its part, Kentucky Baptist Homes – which is now called Sunrise Children’s Services – disputes the allegations and urged the judge to reject the settlement. The court, however, found “Sunrise’s suggestions that that it is unduly burdened or unfairly impacted by the settlement…unavailing.”
From the opinion:
Sunrise urges that the Agreement will subject it to a “Hobson’s Choice” – That is, it will have to choose either to accept terms in new PCC agreements which it finds objectionable, or forego contracts with the Commonwealth which provide essential funding for its continued operation. As aptly stated by the Commonwealth defendants however, this is not a “Hobson’s Choice;” it is a business choice. . . . The Agreement imposes no obligations on Sunrise whatsoever. Sunrise and all other child-caring and child-placing entities who choose to enter into PCC contracts with the Commonwealth in the future will be subject to various new terms in these contracts. These contracts may be accepted or not, at the discretion of each entity. Sunrise does not suggest that the Commonwealth does not have the right to add to or alter the terms of its future PCC contract offerings, with or without this settlement.
Sunrise, says it plans to appeal the judge’s ruling to the 6th Circuit Court of Appeals. An Americans United press release praises the agreement and the judge’s ruling.
