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New Hope Family Servs. Inc. v. James

'Christian' Adoption Agency Cannot Be Penalized for Referring Same Sex Couples to Others

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff New Hope Family Services, Inc. (“New Hope”) commenced this civil rights action on September 17, 2021, asserting that a complaint filed against it in the New York State Division of Human Rights (the “NYDHR”) and ensuing investigation threaten its free speech and free exercise of religion rights under the First and Fourteenth Amendments. See Dkt. No. 1. Currently before the Court is New Hope’s motion for a preliminary injunction, see Dkt. No. 31, and Defendants’1 cross motion to dismiss the complaint, see Dkt. No. 34. For the reasons set forth below, Defendants’ cross motion to dismiss is denied and New Hope’s motion for a preliminary injunction is granted. II. BACKGROUND According to the complaint, New Hope is a religious non-profit corporation that operates as a New York voluntary adoption provider authorized to place children with New York State residents through an adoption program. See Dkt. No. 1 at

4, 14. Defendant James is the New York State Attorney General; Defendants Nyiendo, Martinez, Franco, and Day are commissioners or directors at the NYDHR; and Defendant Fitzpatrick is the District Attorney for Onondaga County, New York. See id. at

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