Philadelphia Catholic Social Services refuses to place children with foster parents who are unmarried, or married same-sex couples because the Catholic Church does not recognize same-sex marriage as permissible. The Third Circuit held that Philadelphia could not be compelled to offer CSS a renewed contract because Catholic Charities refused to comply with the City's anti-discrimination ordinance.
Newly confirmed Justice Amy Coney Barrett - a former Notre Dame law professor- is likely to side with her former colleague at ND Rick Garnett who argues that CSS is entitled to an exemption from the law's general requirements of non-discrimination. Like the recently confirmed D.C. Circuit Judge Justin Walker in the Chesley Photography case Trump's Christian conservative judges do not think that discrimination against homosexuals is equivalent to discrimination on the basis of race. The same stance was embraced today by Samuel Alito in the Associate Justice's questioning of counsel for the City.
The Supreme Court heard argument today. ACLU lawyer Josh Block followed it. The tenor points to Brett Kavanaugh writing an opinion OKaying the Church agency's stance and barring Philadelphia from denying CSS a contract for foster services. - gwc
Fulton v. City of Philadelphia] Oral Argument is now available for viewing in the C-SPAN Video Library
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— George Conk (@GeorgeConk) November 4, 2020
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