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Morning Briefing

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Friday, Jun 18 2021

Full Issue

Supreme Court OKs Catholic Foster Care Group's Bias Against Gay Couples

The private Philadelphia group was refusing to work with same-sex couples, and the state had ended its contract as a result. The decision was reportedly a "narrow" one, and multiple reports note it has sparked much debate about LGBTQ and religious rights.

The Supreme Court ruled unanimously Thursday that Philadelphia was wrong to end a Catholic group’s contract to provide foster-care services because the organization refused to work with same-sex couples. It was the latest victory for religious organizations at the increasingly conservative court, and the second time it has ruled against governments trying to enforce an anti-discrimination law protecting LGBTQ rights against those claiming religious liberty. (Barnes, 6/17)

The court’s decision, by Chief Justice John Roberts, was a narrow one, stopping short of fundamentally extending the accommodations for religious exercise that Catholic Social Services—and several conservative justices in concurring opinions—argued the Constitution required. The city of Philadelphia contracts with private agencies to screen foster parents for children in need. While a broad nondiscrimination policy is written into its contracts, Chief Justice Roberts observed that the agreements also authorize the city’s human-services department to grant exceptions. (Bravin, 6/17)

Some of the reaction to the court's decision —

Legal experts and advocates are split on what a decision Thursday by the Supreme Court on the rights of religious groups means for LGBTQ rights in the near term. The court ruled unanimously in favor of Catholic Social Services, a religious adoption agency that wanted an exemption from Philadelphia's nondiscrimination law, which would have required the agency to allow LGBTQ couples to adopt. (Yurcaba, 6/17)

A segment of Democrats have been pushing for President Biden to have the ability to expand the roster of the Supreme Court and pack it with liberal justices, but Thursday's 9-0 ruling in favor of a religious foster care agency that would not work with LGBT couples is leaving some on the left disappointed with the entire court. (Blitzer, 6/17)

After a series of landmark victories at the Supreme Court in recent years, LGBTQ advocates were dealt a blow this week when the justices sided with a Catholic group that declined to consider same-sex couples as foster parents. While the outcome of the Philadelphia foster care dispute was not a surprise, the unanimous decision opened a debate about its impact in other areas of the law where the First Amendment's protection of religion comes into conflict with policies that prohibit discrimination on the basis of sexual orientation or gender identity. (Fritze, 6/18)

Chief Justice John Roberts, along with Justices Amy Coney Barrett and Brett Kavanaugh, demonstrated their collective power at America's highest court on Thursday. They fueled the Supreme Court's limited opinions on Obamacare and religious liberty, in action that marks a twist for the conservative-dominated bench and adds to the suspense of the next two weeks as the court finishes its annual term. (Biskupic, 6/18)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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