Supreme Court will take up dispute between religious rights and anti-discrimination laws

[mahatmakanejeeves]

Source: Washington Post

Courts & Law

Supreme Court will take up dispute between religious rights and anti-discrimination laws

By Robert Barnes
Feb. 24, 2020 at 10:00 a.m. EST

The Supreme Court on Monday said it will intervene in a dispute that pits religious beliefs against anti-discrimination laws.

The justices will take up a legal fight between the city of Philadelphia and a Catholic agency that refuses to place foster children with same-sex couples. The case will be heard in the term that begins in October.

The U.S. Court of Appeals for the Third Circuit ruled the city did not target Catholic Social Services because of its religious beliefs but only to enforce its nondiscrimination policy.

Philadelphia's contract with the agency has expired, but the group is asking the court to require the city to renew it.

The case will be seen as a major test of whether the Supreme Court will reconsider precedents that uphold generally applicable laws that do not specifically target religious groups.

The agency had a contract with the city for years, but its policy came under scrutiny when a Philadelphia Inquirer reporter asked the city administration about it in 2018.

The case is Fulton v. City of Philadelphia.

Robert Barnes
Robert Barnes has been a Washington Post reporter and editor since 1987. He joined The Post to cover Maryland politics, and he has served in various editing positions, including metropolitan editor and national political editor. He has covered the Supreme Court since November 2006. Follow https://twitter.com/scotusreporter

Read more: https://www.washingtonpost.com/politics/courts_law/supreme-court-will-take-up-dispute-between-religious-rights-and-anti-discrimination-laws/2020/02/24/27dfb6b4-5713-11ea-9b35-def5a027d470_story.html

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Supreme Court will take up dispute between religious rights and anti-discrimination laws

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Hat tip, Popehat:

GoneWithTheHat Retweeted

https://twitter.com/Popehat

HUGE: The Supreme Court will decide whether Philadelphia violated the First Amendment when it stopped referring foster children to agencies that refuse to work with same-sex couples.
https://supremecourt.gov/orders/courtorders/022420zor_mjo1.pdf

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This is really a nightmare scenario for LGBTQ advocates, who are rightly terrified that the Supreme Court will use this case to invalidate state and local laws that bar adoption and foster agencies from discriminating against same-sex couples.

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This case ALSO asks the Supreme Court to overturn Smith and give religious people and businesses a fundamental right to be exempt from laws that burden their religious exercise. If SCOTUS agrees, it would constitutionalize Hobby Lobby and dramatically expand religious exemptions.

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WOW: Alito, Thomas, and Gorsuch also call on the court to expand Title VII's bar on discrimination because of religion, which could force companies to tolerate employees who refuse to perform certain duties (say, serving same-sex couples) because of religion-based prejudice.

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Today, the Supreme Court's new conservative majority formally commenced its crusade to establish a First Amendment right of businesses and government contractors to discriminate against LGBTQ people on the basis of religion. This is going to be brutal.

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[Prue]

1. I no longer trust the Supreme Court

Sadly, I no longer look at the Supreme Court as a court that is capable of looking at the issue without political bias. They have been corrupted.

[bucolic_frolic]

2. How do you force any agency or anyone into renewal of an expired contract?

Contract are not in perpetuity. How does a private or religious agency have standing to sue when the contract has expired?

I don't see how this case is not moot to begin with.

Shows you why I'm not a lawyer.

[FBaggins]

4. The contract expiration isn't really significant

This isn't the city contracting with a company to fill potholes that just decided to move on to a different vendor. All foster/adoption agencies that want to operate in the city have to do so under an agreement with the city... and the city limits those contracts to one year. The choice to not renew the contract is the substance of the behavior they're suing over... it can't be a rationale to moot the case.

Philadelphia won't renew the ability to place kids in foster homes or for adoption if that agency won't place kids with LGBT families. That's clearly consistent with nondiscrimination laws, but inconsistent with some readings of the free exercise clause of 1A. The issue is ripe for review because the lower circuits are all over the map on the issue.

[Miguelito Loveless]

3. 5-4 in favor of the Catholic Church

[3Hotdogs]

5. Alls I can say is they better get it right. Jesus don't like no dissin' Him.

And if the court don't get it right, He might just take away his gift, Donald, from us.

[FBaggins]

6. The ruling won't come in time for the election

They may not even hear oral arguments prior to that point.

[3Hotdogs]

7. Fuck the election. Its lightening from the sky the nation needs to worry about.

If the court disses Jesus with a bad ruling, He may punish us with a lightening bolt up Trump's orange ass. Then the country will be sorry.

Look what He just did to Rushbo.

[lark]

8. Today RW Russian Repug SCOTUS signalled their continuation of dismantling rights for

everyone who is not straight white rich male or rich corp. with special emphasis going to actively hurt women, minorities, workers, poor, scientists and their biggest targets immigrants & LGTBQ folks.

[Polybius]

9. This decision is gonna be huge

It will take it up in October, but won't decide before the election I believe.