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BREAKING: Supreme Court rules in favor of first amendment right for religious foster agencies


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supreme-court-rules-in-favor-of-first-amendment-right-for-religious-foster-agencies
The Post Millennial

Nicole Russell

June 17, 2021 11:34 AM

In a unanimous decision, the Supreme Court released a ruling Thursday morning in favor of a religious foster agency and their free exercise rights. In a majority opinion written by Chief Justice John Roberts in Fulton v. City of Philadelphia, the court ruled "The refusal of Philadelphia to contract with CSS unless CSS agrees to certify same-sex couples as foster parents violates the Free Exercise Clause of the First Amendment."

The case involved a religious foster agency, Catholic Social Services, and its right to continue to foster children with a Christian ethos, including their views on marriage, which they believe is between a man and a woman. In 2018, the city of Philadelphia's Department of Human Services severed their working relationship with the foster agency, citing their faith-based views and a city ordinance which presumably labeled those discriminatory. This ostensibly shut down the agency's ability to take in additional children in need of homes, placing many with special needs in limbo.

(Snip)

In oral arguments, Justice Brett Kavanaugh called the Philadelphia city government's position "absolutist and extreme." Justice Samuel Alito had said, "If we are honest about what's really going on here, it's not about ensuring that same-sex couples in Philadelphia have the opportunity to be foster parents. It's the fact the City can't stand the message that Catholic Social Services and the Archdiocese are sending by continuing to adhere to the old fashioned view about marriage."

While a unanimous ruling seems most apropos and is a relief for the hundreds of children Catholic Social Services tries to place in foster homes yearly, it's even more of a relief for advocates of the free exercise clause of the First Amendment, which must retain authority in America, if we are to truly live in a free and equal Republic.

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Score 1 for The Good Guys!

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The Roberts Court Punts on Religious Liberty Again

:snip:

The decision, while a victory for religious liberty, is still seen as fairly narrow, as explained by RedState’s own Shipwreckedcrew:

But there was not true unanimity on the Court over the issues raised by the case.  The Chief wrote a narrow opinion faulting the language of Philadephia’s regulation prohibiting discrimination — which was the basis upon which Philadelphia disqualified CSS from participation (it discriminated against same-sex couples) — and that technical defect in the language of the City ordinance allowed the liberal justices to join his decision.

The conservatives concurred in the outcome — making it 9-0 — but wrote separate concurring opinions that would have reached more foundational constitutional questions involving the conflict between “civil rights” as they might apply to same-sex couples, and constitutional rights set forth in the First Amendment.:snip:

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1 hour ago, Geee said:

The Roberts Court Punts on Religious Liberty Again

:snip:

The decision, while a victory for religious liberty, is still seen as fairly narrow, as explained by RedState’s own Shipwreckedcrew:

But there was not true unanimity on the Court over the issues raised by the case.  The Chief wrote a narrow opinion faulting the language of Philadephia’s regulation prohibiting discrimination — which was the basis upon which Philadelphia disqualified CSS from participation (it discriminated against same-sex couples) — and that technical defect in the language of the City ordinance allowed the liberal justices to join his decision.

The conservatives concurred in the outcome — making it 9-0 — but wrote separate concurring opinions that would have reached more foundational constitutional questions involving the conflict between “civil rights” as they might apply to same-sex couples, and constitutional rights set forth in the First Amendment.:snip:

 

The Never Good Enough drives me crazy!

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