Supreme Court to Hear Case of Religion vs. Gay Rights Over Foster Care

Supreme Court to Hear Case of Religion vs. Gay Rights Over Foster Care

WASHINGTON — The Supreme Court said Monday it would decide another clash between religion and gay rights, this time involving Philadelphia’s termination of a contract with Catholic Social Services over the group’s refusal to place foster children with same-sex couples.

The court agreed to hear an appeal arguing that excluding the Catholic agency from the city’s program violated the First Amendment and its protection for the “free exercise” of religion.

Philadelphia said it required its contractors to abide by the city’s civil rights provisions, including a ban on discrimination based on sexual orientation. Catholic groups had been involved in placing foster children for more than a century, but church officials refused to make a written commitment to consider same-sex couples. They contended that doing so would violate their sincere religious beliefs about marriage.

The city then ended its contract with the group and said it no longer had the authority to place foster children. A federal judge and the 3rd Circuit Court upheld the city’s decision, saying it was based on a sincere commitment to its policy of non-discrimination and was not a targeted attack on religion.

The case could lead to a major change in church-state law. The justices said they would consider overruling a 1990 opinion that held that people could not claim a special exemption from the law based on their religious beliefs. Then, the court said general and neutral laws should be upheld, so long as they did not target people because of their religion.

That opinion, in Employment Division of Oregon v. Smith, was written by the late Justice Antonin Scalia. It once reflected the view of most conservatives that religious minorities, like the Amish or the Seventh Day Adventists, were not entitled to be exempted from ordinary laws. The 1990 ruling upheld the firing of two Native Americans who were accused of using peyote as part of a sacrament.

In the past decade, however, Scalia’s opinion has been challenged by conservative Christians who object to laws that forbid discrimination based on sexual orientation or that require employers or pharmacies to provide contraceptives. In the Philadelphia case, religious rights advocates argued that Catholic Social Services should be accorded an exemption from the city’s non-discrimination law based on “their sincere religious beliefs.”

But they lost in the 3rd Circuit Court of Appeals, which relied on Scalia’s opinion from 1990. “The city’s non-discrimination policy is a neutral, generally applicable law, and the religious views of CSS do not entitle it to an exception from that policy. It has failed to make a persuasive showing that the city targeted it for its religious beliefs, or is motivated by ill will against its religion, rather than sincere opposition to discrimination on the basis of sexual orientation,” wrote Judge Thomas Ambro.

Lawyers for the Becket Fund for Religious Liberty appealed, and the high court said Monday it had agreed to hear the case of Fulton v. Philadelphia. The appeal asked the court to “revisit” Scalia’s opinion.

“The next big religious freedom case just landed at #SCOTUS. Philly is trying to shut down a 100-year-old Catholic ministry over the ministry’s religious beliefs about marriage,” Lori Windham, a Becket lawyer, tweeted in response to the court’s announcement.

Her group said many other agencies in Philadelphia worked with same-sex couples. “Indeed, no couple has ever been prevented from fostering or adopting a child in need because of CSS’ religious beliefs,” the Becket Fund said in a statement. “Religious agencies like CSS are particularly successful at placing high-risk children, including those with disabilities, large sibling groups and older children, in loving families.”

The American Civil Liberties Union had joined Philadelphia in defense of its policy of non-discrimination and said the case was about “whether or not taxpayer-funded foster care agencies have a constitutional right to discriminate.”

“When agencies choose to accept taxpayer dollars to provide this critically important government service to children, the needs of children must come first,” Leslie Cooper, deputy director of the ACLU LGBT & HIV Project, said. “This case could have profound consequences for the more than 400,000 children in foster care across the country. We already have a severe shortage of foster families willing and able to open their hearts and homes to these children.”

———

©2020 Los Angeles Times

Visit the Los Angeles Times at www.latimes.com

Distributed by Tribune Content Agency, LLC.

A+
a-
  • Foster Care
  • LGBTQ
  • parenting
  • Supreme Court
  • In The News

    Health

    Voting

    Supreme Court

    Supreme Court Takes Up $8B Phone and Internet Subsidy

    WASHINGTON (AP) — The Supreme Court hears arguments Wednesday in a major legal fight over the $8 billion a year the federal... Read More

    WASHINGTON (AP) — The Supreme Court hears arguments Wednesday in a major legal fight over the $8 billion a year the federal government spends to subsidize phone and internet services in schools, libraries and rural areas, in a new test of federal regulatory power. The justices are reviewing an appellate ruling that... Read More

    March 24, 2025
    by Tom Ramstack
    Supreme Court Rejects Children’s Lawsuit Seeking Injunction Against Climate Change

    WASHINGTON — The U.S. Supreme Court on Monday declined to revive a lawsuit on behalf of children who said U.S.... Read More

    WASHINGTON — The U.S. Supreme Court on Monday declined to revive a lawsuit on behalf of children who said U.S. energy policies that exacerbate climate change are damaging their futures. They said unrestrained climate change jeopardized their life, liberty, personal security and health. The 9th Circuit... Read More

    March 21, 2025
    by Dan McCue
    Supreme Court Set to Hear Two Major Cases Next Week

    WASHINGTON — The Supreme Court is set to hear two of the major cases in its current term next week;... Read More

    WASHINGTON — The Supreme Court is set to hear two of the major cases in its current term next week; one that will take a closer look at racial gerrymandering in Louisiana, the other considering federal court jurisdiction over Clean Air Act cases. The first hearing,... Read More

    Supreme Court Rejects Republican-led Effort to Halt Climate Change Lawsuits in Democratic-led states

    WASHINGTON (AP) — The Supreme Court on Monday rejected a lawsuit from Republican attorneys general in 19 states aimed at blocking climate change suits... Read More

    WASHINGTON (AP) — The Supreme Court on Monday rejected a lawsuit from Republican attorneys general in 19 states aimed at blocking climate change suits against the oil and gas industry from Democratic-led states. The justices acted on an unusual Republican effort to file suit in the Supreme Court over the... Read More

    March 5, 2025
    by Tom Ramstack
    Supreme Court Skeptical of Mexicans Blaming US Gunmakers for Cartel Violence

    WASHINGTON — The U.S. Supreme Court appeared doubtful Tuesday of arguments by the Mexican government that American gunmakers should be... Read More

    WASHINGTON — The U.S. Supreme Court appeared doubtful Tuesday of arguments by the Mexican government that American gunmakers should be liable for drug cartel violence. They suggested the link between gun manufacturing and the few people who use guns to shoot other people was too remote... Read More

    March 5, 2025
    by Dan McCue
    Supreme Court Rejects Trump’s Bid to Freeze Foreign Aid

    WASHINGTON — A divided Supreme Court on Wednesday rejected an emergency request from the White House to freeze nearly $2... Read More

    WASHINGTON — A divided Supreme Court on Wednesday rejected an emergency request from the White House to freeze nearly $2 billion in foreign aid. Chief Justice John Roberts and Justice Amy Coney Barrett joined the court’s three liberal justices in the 5-4 vote, directing a lower... Read More

    News From The Well
    scroll top