Hinrichs v. Whitburn
Opinion of the Court
Plaintiff Lynn Hinrichs, who receives benefits pursuant to the Aid to Families with Dependent Children program (“AFDC”), teaches four of her six children at her home in Rock Springs, Wisconsin. She meets the requirements of Wis.Stat. § 118.165 and has been approved to home-teach by the Wisconsin Department of Public Instruction. Hinrichs is a traditionalist Roman Catholic and believes that it is her religious duty to teach her children. In November 1988, the Sauk County Department of Human Services sent her a notice regarding an enrollment appointment with the Wisconsin Employment Opportunities Program (“WEOP”), a job training and search program. She refused to attend a short orientation session and has steadfastly refused any participation in the WEOP, asserting that she already has a full-time job teaching her children for religious reasons. Her suit in federal court was dismissed at summary judgment on the grounds of ripeness.
I.
Hinrichs, a traditionalist Roman Catholic, does not believe in the changes made in the Catholic Church by Vatican II. As a consequence, she does not attend mass at a Catholic parish because of the manner in which communion is performed. Her family watches the “Apostolate to the Handicapped” on television instead. Hinrichs be
Hinrichs began teaching her six children at home in 1986, after being approved for home-teaching by the Wisconsin Department of Public Instruction for that year.
The Sauk County Department of Human Services mailed Hinrichs a “Mandatory WEOP Enrollment Appointment Notice” on November 3, 1988. Hinrichs was required to attend a WEOP “enrollment meeting” on November 15, 1988, at 9:00 a.m., which was expected to last around three and a half hours. The notice stated “you are required to participate in the Wisconsin Employment Opportunities Program (WEOP). WEOP is administered by Job Service and designed to help you find employment.”
There is some confusion in the record over Hinrichs’ subsequent contacts with Wisconsin officials. On December 2, 1988, Hinrichs was mailed a “Mandatory WEOP Enrollment and Fact Finding Appointment Notice,” which noted that she did not keep her November 15 appointment.
In late November or early December (Hinrichs could not recall the exact date), Hinrichs met with Candyce Potts of the Baraboo Job Service Office (which was administering the WEOP program) for a “fact-finding appointment.” At that time,
On January 9, 1989, Hinrichs received notice of a sanction for her failure to attend the WEOP orientation session. This sanction, which has been stayed because of her state court proceedings and because of this litigation, consisted of a withdrawal of her AFDC benefits for three months.
After the administrative hearing, Wisconsin’s AFDC Handbook was amended on July 1, 1989, to state: “Working does not include a caretaker teaching a child in a [Department of Public Instruction]-registered home educational program. Do not exempt the caretaker from having to participate in AFDC-WP for this reason, even though the home qualifies as a school.” Predictably then, on October 15, 1989, the hearing officer found that Hinrichs did not have good cause for missing her WEOP appointments, and further found that she was not exempt from the program. The officer stated that he did not have authority to consider any constitutional claims, and therefore upheld the sanction against Hinrichs. Hinrichs’ request for rehearing was denied on November 29, 1989. Hin-richs then filed an appeal in Wisconsin state court where it still pends.
Hinrichs filed this complaint in federal court on February 1, 1990, against defendant Gerald Whitburn, the Secretary of the Wisconsin Department of Health and Human Services. The complaint alleged that Wisconsin’s decision to sanction her violated her First Amendment right to religious liberty and her Fourteenth Amendment right to substantive due process and equal protection. On November 30, 1990, the district court denied Whitburn’s motion to dismiss on abstention grounds due to the pending state court review of the Hinrichs’ sanction. Whitburn then filed a third-party complaint against Louis Sullivan, the Secretary of the Department of Health and Human Services.
II.
Wisconsin asks us to reconsider Judge Crabb’s decision not to abstain in deference to Hinrichs’ ongoing state court proceedings. See Hinrichs v. Goodrich, 753 F.Supp. 261 (W.D.Wis. 1990). We decline to reverse that decision. Wisconsin does not present any new case authority to support reversal, and we substantially agree with Judge Crabb's application of the Younger abstention doctrine, which begins
The district court properly relied on our decision in Alleghany Corp. v. Haase, 896 F.2d 1046, 1053 (7th Cir. 1990), vacated as moot, — U.S. -, 111 S.Ct. 1383, 113 L.Ed.2d 441,
[The] effort to cast plaintiff as a wrongdoer does not stand up to close examination. Plaintiff is not a malefactor. Defendant makes no allegation that plaintiff has engaged in any fraud in pursuing her right to receive benefits from the state. Cf. Trainor v. Hernandez, 431 U.S. 434, 97 S.Ct. 1911, 52 L.Ed.2d 486 (Younger requires federal court abstention when plaintiff is subject of state proceedings to recover payments that had been obtained by allegedly fraudulent means). * * * Plaintiff is simply challenging a condition imposed upon her if she wants to receive AFDC benefits. In this respect, she is seeking to do exactly what Alleghany was attempting: to challenge a statute imposing an allegedly unconstitutional requirement as a condition of obtaining a benefit. In plaintiffs case the benefit is the receipt of AFDC payments; in Alleghany's case, it was the opportunity to purchase the stock of an insurance company. * * * There can be no interference with a state prosecution in this case, because no prosecution has ever been initiated against plaintiff.
753 F.Supp. at 265-266. The district court correctly declined to abstain.
III.
We next turn to the central issue raised by Hinrichs: whether this case is ripe. The doctrine of ripeness is based on both constitutional and prudential grounds. Koehring Co. v. Adams, 605 F.2d 280, 282 (7th Cir. 1979). Under Article III of the Constitution, federal courts may only adjudicate “cases or controversies” and may not render advisory opinions. Wisconsin’s Environmental Decade, Inc. v. State Bar of Wisconsin, 747 F.2d 407, 410 (7th Cir. 1984), certiorari denied, 471 U.S. 1100, 105 S.Ct. 2324, 85 L.Ed.2d 842. Cases are unripe when the parties point only to hypothetical, speculative, or illusory disputes as opposed to actual, concrete conflicts. In this regard, ripeness is closely related to its justiciability cousins, the doctrines of finality and standing. The Supreme Court in Abbott Laboratories v. Gardner, 387 U.S. 136, 148, 87 S.Ct. 1507, 1515, 18 L.Ed.2d 681, has stated that the rationale of ripeness
is to prevent the courts, through avoidance of premature adjudication, from entangling themselves in abstract disagreements over administrative policies, and also to protect the agencies from judicial interference until an administrative decision has been formalized and its effects felt in a concrete way by the challenging parties.
The Court in Abbott Laboratories elaborated a two-part standard for evaluating the ripeness of claims. A court must first weigh the fitness of the issues for judicial decision. It must then evaluate the hardship to the parties of withholding court consideration. Id. at 149, 87 S.Ct. at 1515.
Hinrichs argues that she has adequately presented her religious liberty claim to Wisconsin officials, and any further presentation would be futile. She notes that she has been sanctioned in the amount of three months’ AFDC benefits for her failure to participate in the WEOP program, and that the sanction was affirmed by an administrative law judge. Also, on at least four occasions, Hinrichs has made clear the religious nature of her objections to the program.
Although Hinrichs’ arguments are not without merit, we find ourselves in general agreement with the district court’s reasoning on the ripeness issue. The issue of whether Wisconsin can force Hinrichs to take a full-time or even a part-time job as a condition for receiving AFDC benefits is not ripe for consideration. By steadfastly refusing all participation in the program, Hinrichs has prevented a federal court from reaching that issue. We cannot know at this time whether Wisconsin officials, after being fully apprised of Hinrichs’ teaching schedule and the religious reasons for her home-teaching, would have required any substantial time commitment on her part to a paying job or to job training. It is not proper for this Court to issue an advisory opinion on that issue. Even though it seems likely that Wisconsin would not formally exempt her from the WEOP program, it is possible, as explained below, that Wisconsin could be flexible in applying that program to Hinrichs.
In the administrative process, Hinrichs raised her Free Exercise claim in the most perfunctory manner. The two letters sent to Wisconsin officials by her attorney mention the Constitution, and state that she teaches her children at home because of her religion, but do not elaborate what her religious beliefs are and how a paying job would conflict with them. In her meeting with the case worker, Hinrichs apparently did not discuss those issues. Significantly, in her testimony before the administrative law judge, Hinrichs never even talked about her religion, even though she was asked at least twice what her reason was for not participating in the WEOP program. Her primary reason, she asserted at
If presented with all the facts surrounding Hinrichs’ situation, Wisconsin officials might have declined to tell Hinrichs to take a full-time job. In the first instance, the Sauk County officials, like all government officials, have an obligation to follow the Constitution, Alleghany, 896 F.2d at 1051, and thus might have decided to require participation that would not conflict with her home-teaching.
Hinrichs does not seriously argue that attending a 3V2 hour orientation session would detract from her ability to home-school her children in accordance with her religious beliefs.
This conclusion is consistent with our decision in Menora v. Illinois High School Ass’n, 683 F.2d 1030 (7th Cir. 1982), certiorari denied, 459 U.S. 1156, 103 S.Ct. 801, 74 L.Ed.2d 1003. In that case, we noted that “The conflicting claims of church and state are a source of some of the bitterest and most divisive controversies in our society. Weigh them and choose we shall if we must, but we want first to satisfy ourselves that the claims really are irreconcilable.” Id. at 1033. Although the potential for conflict in this case might be greater than in Menora (which involved a purported conflict between a need for safety in basketball games and the religious requirement of some Jewish basketball players to wear a yarmulke), there remains the need for an actual, present conflict before a court can perform the delicate task of weighing the competing interests.
The district court’s ruling placed a burden on plaintiff to show that a conflict exists between the free exercise of her religion and Wisconsin’s interests, by complying to a greater extent than she had with the requirements of the WEOP program. We do not consider this an undue hardship under the second Abbott Laboratories prong, because it does not involve a substantial immediate impact on Hinrichs. See Bethlehem Steel v. United States Environmental Protection Agency, 536 F.2d 156, 162 (7th Cir. 1976) (noting importance
Hinrichs apparently wants this Court to make an all-or-nothing ruling — either the Constitution exempts her from the WEOP program, or it doesn’t and Wisconsin may put any condition it wants on her receipt of AFDC benefits. We decline this invitation to make such a sweeping ruling when the record does not properly present these issues.
Judgment is affirmed.
. Hinrichs' oldest child now attends a public high school, and her second-oldest child now attends parochial school.
. WEOP at that time was Wisconsin’s version of a Work Incentive Program ("WIN”), required by federal statute. See 42 U.S.C. § 602(a)(19)(A) and §§ 630-645. In the Family Support Act of 1988, Pub.L. No. 100-485, 102 Stat. 2377, Congress replaced WIN with a similar program known as the Job Opportunities and Basic Skills Program ("JOBS”). See 42 U.S.C. §§ 681-687. Wisconsin modified its WEOP program to corn-ply with JOBS on July 1, 1989. For a detailed discussion of the Family Support Act of 1988, see 1988 U.S.C.C.A.N. 2776.
.The notice also stated that Hinrichs had “refused DVR [Department of Vocational Rehabilitation] information.” This was apparently in reference to a meeting she had with DVR counselor Bob White on November 30, where she made clear that she was not claiming a disability-related reason for not participating in WEOP, despite some medical problems that she had.
. The AFDC benefits of Hinrichs’ children were not affected by Hinrichs’ sanction.
. For convenience, we will refer to the state defendant as "Wisconsin" and the federal defendants as "the Department" (Department of Health and Human Services).
.Hinrichs does not appeal the dismissal of her Due Process and Equal Protection claims.
. It is apparent that mootness was the grounds for vacating Alleghany because of the question presented for certiorari. See 59 U.S.L.W. 3529 (February 5, 1991). For this reason, there is no reason to discount the reasoning in that case. Inexplicably, no party in this case mentioned that Alleghany had been vacated.
. These four occasions are 1) a November 14, 1988 letter to the Sauk County Department of Human Services, 2) a December 14, 1988 letter to Candyce Potts, 3) a meeting occurring sometime in late November or early December with Candyce Potts, and 4) the administrative hearing on March 13, 1989.
. Wisconsin’s AFDC handbook specifically states that home-teaching is not good cause for an exemption from the WEOP program. In addition, Hinrichs does not meet any of the exemption categories listed at Wis.Admin.Code HSS § 201.19(1). On the other hand, the AFDC handbook does not state that home-teaching for religious reasons can never constitute good cause.
. We do not express an opinion whether they would have been constitutionally obligated to do so under the Free Exercise clause. We do note that it might be argued that Hinrichs is asking the government to support her religious beliefs.
. Hinrichs does assert that the undisputed evidence shows that she believes that any participation in the WEOP program “will interfere with her religious beliefs” (Reply Br. at 1). To the extent that this issue is ripe, we conclude that Wisconsin has not violated the Free Exercise clause by sanctioning Hinrichs for her failure to attend a 31/2 hour WEOP orientation session.
Reference
- Full Case Name
- Lynn HINRICHS, and Cross-Appellee v. Gerald WHITBURN, Secretary, Wisconsin Department of Health and Social Services, and Third-Party and v. Louis W. SULLIVAN, M.D., Secretary of the U.S. Department of Health and Human Services Marion Steffy, Regional Administrator of the U.S. Department of Health and Human Services, Family Support Administration, Chicago, Illinois, Third-Party
- Cited By
- 42 cases
- Status
- Published