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Judge allows South Carolina lesbian couple’s foster care lawsuit against HHS to move forward

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Brandy Welch and Eden Rogers – Photo: Nadia Awad/Lambda Legal Digital. A federal judge has rejected the Trump administration’s request to dismiss a lawsuit brought by a South Carolina lesbian couple seeking to challenge a federal waiver that allows child welfare agencies to discriminate against LGBTQ couples, and other prospective parents, on the basis of an agency’s stated religious beliefs.

Eden Rogers and Brandy Welch, a lesbian couple currently raising two daughters, ages 7 and 10, say they were discriminated against when the Greenville-based Miracle Hill Ministries, the largest state-contracted foster care agency in South Carolina, rejected their application to become foster parents to other children.

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