Foothills Christian Ministries, et al. v. Kim Johnson, in Her Official Capacity as Director of the California Department of Social Services, et al.

Three churches in San Diego County, California, seek to open preschools on their campuses as extensions of their ministries. Under the Child Day Care Act, California requires a license to operate a preschool. The churches object to licensure because it is conditioned on the waiver of certain constitutional rights. Central to their claim is the “religious services provision,” which is a regulation mandating that a “licensee shall ensure that each child is accorded the following personal right[]: . . . To be free to attend religious services or activities of his/her choice.” The decision whether to opt-in or out of religious services and activities is made by the parents of the preschoolers. Preschools must also post signage of the religious services provision in a publicly accessible place and hand out a paper copy to parents for signature and filing. The signs and notice also inform parents of the right to have visits to the school by a spiritual advisor of the child’s choice. Though the Act enumerates fifteen exemptions to licensure, religious institutions do not make the preferred list. One exception is that a church can run a Sunday school on Sunday but cannot engage in materially the same program through a preschool on Monday through Friday. The questions presented are as follows: 1. Does California’s religious services provision, requiring the posting of signage and handing out