When it comes to foster children, the Supreme Court will soon rule on a major case that will define where the boundary between religious liberty and “LGBT rights” is drawn under the law.
Fulton v. City of Philadelphia is the case at hand.
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The issue began in March 2018, when Catholic Social Services filed a lawsuit against the city of Philadelphia for preventing it from assisting children in finding foster homes because the agency had a policy of not placing children with homosexual couples.
Philadelphia’s unwillingness to extend its contract with the CSS was challenged by the CSS. According to The Oyez Project, denying same-sex couples foster children because they are homosexual couples fits within the organization’s freedom to free expression of religion and free speech, even if there is no other “reason relating to their credentials to care for children.”
According to Time, the plaintiffs were unsuccessful in two lower courts before appealing the Supreme Court, which decided to hear the case in February of last year.
Americans cannot claim exemptions to laws based on relinquishment, according to a Supreme Court judgment issued by Justice Antonin Scalia in Employment Division v. Smith.
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The Supreme Court decision for Fulton v. Philadelphia—the case to determine whether private agencies that receive taxpayer funding can discriminate against LGBTQ+ people—will be announced soon.
— Lambda Legal (@LambdaLegal) May 22, 2021
The plaintiffs in Fulton v. City of Philadelphia, according to TIME, allege that the city’s anti-discrimination ordinance is not impartial or equally applicable.
According to reports, they are requesting that the Supreme Court revisit Employment Division v. Smith.
Homosexual marriage has been legal in the United States for about six years, despite the fact that all three main world faiths oppose it. According to TIME, many religious groups are refusing to violate their moral convictions by allowing foster children to be put in LGBT households.
Eleven states have enacted legislation that allows religious organizations to decline to cooperate with gay couples. According to reports, this has left such states vulnerable to civil liberties litigation, much as towns and governments that deny religious groups the ability to refuse to give foster children to homosexual couples are vulnerable to religious liberty claims.
According to TIME, another factor at play in this case is the overburdening of the foster care system.
“The question is whether Philadelphia may remove veteran foster moms and the religious agency they associate with because of their religious beliefs,” Lori Windham, the lawyer for CSS, told TIME.