Children of the Immaculate Heart v. Kimberley Johnson and California Dept. of Social Services

Children of the Immaculate Heart (CIH), a San Diego-based Catholic nonprofit dedicated to supporting sex-trafficking victims, faced discriminatory barriers when seeking to expand services to minor girls through a foster home called "the Refuge." After successfully serving adult women, CIH applied for a license in 2015 to operate the Refuge but encountered four years of obstruction from the California Department of Social Services (CDSS). The CDSS denied licensure due to CIH’s religious beliefs on human sexuality, demanding that CIH house transgender males with girls, provide gender-transition medications, and facilitate abortions—requirements incompatible with CIH’s Catholic mission. Despite CIH investing nearly $600,000, the Refuge remained empty due to these restrictions.

In November 2019, Thomas More Society filed a civil rights complaint in San Diego Superior Court, alleging that the CDSS violated CIH’s constitutional rights by discriminating based on its faith. The lawsuit sought equal access for religious nonprofits to serve foster children. In March 2020, before substantive court proceedings, the CDSS opted for mediation. A confidential settlement resulted in CIH receiving a provisional license to operate the Refuge, allowing it to care for sex-trafficked minor girls. Thomas More Society continues to oversee CIH’s compliance with the settlement, ensuring the nonprofit can fulfill its mission without compromising its religious convictions.