The state abuses its regulatory power by forcing church daycare ministries to waive their fundamental constitutional rights

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Hi John,
Pacific Justice Institute recently filed a lawsuit against California’s Attorney General and Director of the Department of Social Services to challenge the California Child Care Act’s unlawful and substantial burden on the free exercise of religion for all California churches.

We represent three churches in San Diego County, but in practice, PJI’s lawsuit applies to all churches in the state. The California Child Care Act discriminates against all California churches by imposing undue and unlawful restrictions on their ability to minister to children, particularly preschool-age children.

The Act requires almost every preschool in California, including daycare ministries in churches, to be defined as a daycare center. Once a church’s ministry is defined under this Act as a daycare center, the church ministry is subject to state regulation—a host of restrictive protocols and woke rules by the Department of Social Services.

The state abuses its regulatory power by forcing church daycare ministries to waive their fundamental constitutional rights. Under the Act, churches are stripped of their First Amendment rights and are not allowed to require participation in prayer or include religious activities as part of their daycare ministry!

The Act further violates a church’s Fourth and Fifth Amendment rights, subjecting churches, such as our clients, to unlawful search and seizure when state authorities enter church property unannounced and seize records. State authorities can interview children without the consent or even the knowledge of their parents. State authorities can interview church employees without reading them their Miranda rights, even though criminal sanctions apply to violations of the Act.

Churches lose their right to a trial by jury and even the basic, fundamental right to face their accuser. Churches are further deprived of their basic evidentiary rights at hearings conducted by the Department of Social Services, losing their Sixth and Seventh Amendment rights. To run a simple preschool ministry in California, a church has to forfeit First, Fourth, Fifth, Sixth, Seventh, and Fourteenth Amendment rights!

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The California Child Care Act is neither neutral nor applied equally. Preschools run by the Department of Education are exempt from the Act’s oppressive regulations and do not have to waive their constitutional rights. Yet a church’s preschool ministry is subject to strict regulation.

Our lawsuit is about preventing discrimination against Christian ministries and blocking the preferential treatment of secular nonprofit groups. The great news is that we have an excellent case, and we will never charge our clients for our legal services. In the private sector, cases like these against state governments can easily run into the many hundreds of thousands of dollars in costs.

Will you stand alongside PJI today with a generous, timely donation right now ([link removed]) ? Even a $5 gift will make a big difference. ([link removed])

We deeply appreciate your partnership as we continue the vigil against tyranny to protect all Americans’ religious liberties. Thank you, and God bless you.

Running the Race,

Brad Dacus
Founder and President, Pacific Justice Institute


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