Christianson v. Leavitt

482 F. Supp. 2d 1237, 2007 U.S. Dist. LEXIS 19757
District Court, W.D. Washington·Decided March 20, 2007·No. No. C06-5520 FDB·Published·Cited by 1 cases

Opinion

ORDER DENYING PRELIMINARY INJUNCTION AND DISMISSING ACTION

BURGESS, District Judge.

This lawsuit, filed on behalf of thirteen Washington taxpayers, alleges that federal grants made to the Northwest Marriage Institute have been used to finance religious activities in violation of the Constitution’s Establishment Clause. Before the Court are Plaintiffs’ motion for preliminary injunction and the motions to dismiss of Defendants Northwest Marriage Institute and Institute for Youth Development1 , and motion for summary judgment of Defendant Secretary of Health and Human Services. Plaintiffs seek an order enjoining the Department of Health and Human Services and the Institute for Youth Development from disbursing any additional grant monies to the Northwest Marriage Institute and enjoining the Northwest Marriage Institute from spending or otherwise using any additional grant monies that it has already received or may receive in the future pending the resolution of this lawsuit.

The Court, after having reviewed all materials submitted by the parties and relied upon for authority, is fully informed and hereby denies the request for preliminary injunction and grants the Defendants’ motions to dismiss.

INTRODUCTION AND BACKGROUND

Grants under the Compassion Capital Fund (CCF) are awarded under Section 1110 of the Social Security Act, which authorizes “demonstration projects.” 42 U.S.C. § 1310. This program was created in 2002 to help build capacity and knowl[1240]*1240edge among faith-based and community-based organizations and encourage the replication of effective approaches and programs to better meet the needs of poor and low-income individuals and families. The program is funded through annual appropriations. CCF is administered by the Administration for Children and Families within the Department of Health and Human Services. CCF provides demonstration program grants to intermediary organizations, such as that the Institute for Youth Development, that provide capacity-building sub-grants to faith-based and other community organizations. Capacity-building activities are designed to increase an organization’s sustainability and effectiveness, enhance its ability to provide social services, diversify its funding sources, and create collaborations to better serve those in need. CCF also provides one-time targeted capacity building program grants directly to faith-based and community-based organizations to help build the capacity of such organizations that address the needs of distressed communities.

The Department of Labor, Health and Human Services regulations expressly and specifically prohibits using CCF funds to support religious practices, such as religious instruction, worship or prayer. Organizations that receive CCF funds may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the programs or services funded with CCF funds. Any religious activities conducted by an organization receiving CCF funds must be offered separately, in time or location, from the programs or services funded with CCF assistance, and participation must be voluntary for beneficiaries of the CCF-funded programs or services. See, 67 Fed.Reg. 39,563; 70 Fed.Reg. 22,331, 22,341 (Apr. 29, 2005).

A separate program, the Healthy Marriage Demonstration Grant program, is authorized under Section 603(a)(2) of the Social Security Act. The program funds “healthy marriage promotion activities,” including “[mjarriage education, marriage skills, and relationship skills programs” and “[p]re-marital education and marriage skills training for engaged couples and for couples or individuals interested in marriage.” 42 U.S.C. § 603(a)(2)(A)(iii).

Regulations prohibit the use of Healthy Marriage Demonstration Grant funds for “inherently religious activities, such as worship, religious instruction, or prosely-tization, as part of the programs or services funded with direct financial assistance from the Department of Labor, Health and Human Services.” 45 C.F.R. § 87.1(c).

Dr. Robert Whiddon, Jr., is the founder and director of the Northwest Marriage Institute. Dr. Whiddon earned his Ph.D. in Biblical Counseling in 1996 at Trinity Theological Seminary, Indiana. He is a licensed clinical pastoral counselor and has twenty-five years experience in ministry and counseling. He is a registered counselor in the State of Washington.

The Northwest Marriage Institute, based in the Pacific Northwest, was loosely organized in June of 2004, to provide biblical marriage counseling. On September 13, 2004, the Northwest Marriage Institute was recognized as a tax-exempt non-profit. The Marriage Institute’s mission statement provides: “The Northwest marriage Institute exists to serve the community by providing Bible education in marriage and related subjects, and to provide professional, Bible-based pre-marital and marriage counseling. We believe that every problem can be resolved and every troubled marriage can be saved. To this end we will promote successful biblical principles for every day life. The Northwest Mar[1241]*1241riage Institute is a non-profit service available to all people regardless of their beliefs.”

The Institute provided six to eight workshops based on biblical principles beginning in January 2005 and ending in April 2006. The Institute started a monthly newsletter with religious content, entitled Marriage Works!, in January 2005. A web site was launched in early 2006 that also contained religious content.

According to the deposition testimony of Dr. Whiddon, beginning in April 2005 and culminating in the formal change in its mission statement in October 2006, The Marriage Institute shifted its mission from providing Bible-based marriage workshops and counseling to providing marriage workshops without religious references. This change was prompted by a desire to qualify for operational funding from the federal government. The Marriage Institute conducted its last Bible-based workshop in April 2006 and is no longer offering Bible-based workshops. The Marriage Institute has conducted two secular marriage workshops from August 2006 to January 2007. Dr. Whiddon states that the curriculum for the workshops is based on secular psychological and sociological principles, studies, and writings that Dr. Whid-don has encountered over the years. Dr. Whiddon reworked his Bible-based written curriculum materials by rewriting the first two lessons, adding chapters on domestic violence and marital affairs, and deleted all religious references throughout the remaining materials. The curriculum includes the notice that “[b]eeause this project is made possible because of federal grant funds, there will be no religious content included in the written materials or workshop presentations. Any questions or discussions regarding religious aspects of marriage must be addressed in a separate place or at a separate time than the scheduled workshop sessions. Please respect [this] arrangement.”

The first federal grant awarded the Northwest Marriage Institute in June 2005 was for $47,750. through the Institute for Youth Development. These funds were awarded for targeting capacity building.

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Christianson v. Leavitt, 482 F. Supp. 2d 1237, 2007 U.S. Dist. LEXIS 19757 (W.D. Wash. 2007).

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Christianson v. Leavitt
482 F. Supp. 2d 1237 (W.D. Washington, 2007)