Press Release from Pacific Justice Institute
SACRAMENTO, Calif. — Pacific Justice Institute (PJI) has asked the U.S. Supreme Court to review a case brought by three Southern California churches seeking to open Christian preschools under a regulatory system that conditions licensure on the surrender of fundamental constitutional rights.
The case, Foothills Christian Ministries v. Bonta, arises from San Diego County, where three churches challenge the California Child Day Care Act and its accompanying regulatory scheme administered by the California Department of Social Services.
Under current California law, parochial preschools must accept restrictions that directly limit their religious mission. Among other requirements, religious preschools may not require participation in religious activities or attendance at religious services. They must post signage informing families that they may bring in an outside spiritual advisor, even when that advisor conflicts with the school’s faith commitments.
The regulatory scheme also authorizes unannounced inspections without a warrant, probable cause, or prior notice. State investigators may seize records and question employees without advising them of their rights, even though such inquiries may later be referred for criminal prosecution.
“These churches are asking for the constitutional protections every American institution is entitled to receive,” said Kevin Snider, lead attorney for the churches. “The government should not be permitted to condition a license on the waiver of rights guaranteed by the First and Fourth Amendments. Religious institutions must be free to carry out their mission within the bounds of the Constitution.”
After adverse rulings in the lower courts, PJI has petitioned the U.S. Supreme Court to review the case, asserting that California’s licensing requirements violate the Free Exercise Clause, the Free Speech Clause, and the Fourth Amendment.
PJI Founder and President Brad Dacus said the case presents an important opportunity for the Court to reaffirm long standing constitutional principles.
“These churches seek the same constitutional protections Americans take for granted,” said Kevin Snider, lead attorney for the churches. “By entangling parochial schools in a web of unconstitutional regulations, the government seriously interferes with the spiritual formation of children.”
The three churches involved seek to open Christian preschools that integrate faith into daily instruction and spiritual formation, consistent with their sincerely held beliefs.
Pacific Justice Institute is a nonprofit legal organization dedicated to the defense of religious freedom, parental rights, and other civil liberties.
For more information about this case or Pacific Justice Institute, visit www.pacificjustice.org.
