The plaintiffs, a prospective adoptive couple and six other Tennessee taxpayers, brought this declaratory judgment action challenging the constitutionality of Tenn. Code Ann. § 36-1-147, which allows private child-placing agencies that receive state funding to deny services to prospective foster or adoptive parents based upon the agencies’ religious beliefs. A three-judge panel concluded that the plaintiffs lacked standing to challenge the statute. We have determined that the plaintiffs have standing and reverse the decision of the three-judge panel.
Chancellor Ellen Hobbs Lyle
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