Minister to appeal to Supreme Court to bar state from children's home

The Baton Rouge Advocate/AP

JACKSON, Miss. -- The Rev. Herman Fountain said he will go to the U.S. Supreme Court in his effort to keep the state of Mississippi out of his children's home operation.

On Wednesday, the Mississippi Supreme Court refused to stop the state from efforts to get names of children housed at Fountain's Bethel Home for Children in Lucedale in southeastern Mississippi.

Fountain said he will continue to fight orders to disclose the names of youngsters who may stay at the home "even if I'm in prison while I'm doing it."

Fountain, 40, asked the Mississippi justices on Sept. 18 to keep the state at bay while he appeals to the U.S. Supreme Court. The state court Wednesday refused the request without comment.

In May, Fountain was jailed for 10 days by George County Chancellor Robert Oswald after he refused to obey a January order to stop housing children at the home.

A 1989 state law requires operators of homes for children to give the Department of Health the names of the children, their parents and the home's staff members.

On Aug. 15, the state Supreme Court ruled that Fountain must obey the law. Fountain notified the state Sept. 18 that he intended to seek relief in federal court.

Fountain said he will file the appeal with the U.S. Supreme Court within the next few days.

"I just wanted to give the U.S. Supreme Court the opportunity to stand before God and to give an account for what they have done to these kids," Fountain said. "I'm still going to do what God told me to do, but I'm going to go through the due process of law. If they want to deny the calling of God on me, they will still have to stand before God to do it."

He declined to say if youngsters are at Bethel, but "it doesn't matter what the Supreme Court said. I still haven't closed."

The state is using the name disclosure law as "a foot in the door" to control Bethel, he said, adding that the attempts at regulation violate the doctrine of separation of church and state.

"There is no issue of whether I give names. They are just using that as a smoke screen. If that is the issue, why weren't they there eight or 10 years ago?" Fountain said. The home opened in 1978.

The state statute requires health officials to notify homes before making inspections.

"We don't have the right to just go in there at will and check," Special Assistant Attorney General Stephanie Ganucheau said. "We'll take appropriate means to enforce the law if we can prove future violations."

She said she did not know if youngsters are at the home.

Ganucheau said she doubts the U.S. Supreme Court will hear Fountain's appeal.

"The other day they accepted six (appeals) and denied 200," the attorney said.