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A lesbian couple in the U.S state of South Carolina are heading to court to fight policy that enables discrimination against same-sex couples seeking to foster children.

Brandy Welch and Eden Rogers were told that they failed to meet the criteria by a government-funded adoption agency simply because they are a lesbian couple.

Using ‘religious criteria’ in declining Rogers and Welch’s application in fostering a child, Miracle Hill Ministries, which is South Carolina’s largest state-contracted foster care agency, will now face a legal challenge from the couple, despite Miracle Hill Ministries and the state of South Carolina attempting to have the case thrown out.

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Backed by ACLU and Lambda Legal in bringing a legal challenge against the policy that disqualifies same-sex couples from fostering, Rogers and Welch who already have 2 daughters, say that they are “very excited” to have their day in court.

“There are many children in South Carolina that need foster homes, and we remain hopeful that couples like us can provide children a lovely home without being rejected or discriminated against,” the couple added in a statement.

Miracle Hill Ministries was able to reject the lesbian couple’s foster application because the U.S. Department of Health and Human Services granted South Carolina’s request for a waiver of nondiscrimination rules for federally funded agencies.

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