Supreme Court Hears Case That Could Undermine Protections for LGBTQ and Minority Faith Communities

November 4, 2020 12:45 pm

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WASHINGTON 鈥 The Supreme Court today held arguments in Fulton v. City of Philadelphia, a case involving a taxpayer-funded agency seeking a ruling that could allow private agencies that receive taxpayer-funding to provide government services 鈥 such as foster care providers, food banks, homeless shelters, and more 鈥 to deny services to people who are LGBTQ, Jewish, Muslim, or Mormon.

The 老澳门开奖结果 and the 老澳门开奖结果 of Pennsylvania, representing the Support Center for Child Advocates and Philadelphia Family Pride, intervened in support of the city, which is being sued by Catholic Social Services, a taxpayer-funded foster care agency that will not accept same-sex couples in violation of the city鈥檚 non-discrimination requirement. CSS has asked the court for a constitutional right to discriminate that would allow taxpayer-funded foster care agencies to turn away qualified families who don鈥檛 meet their religious test because they are LGBTQ, of a different religion, don鈥檛 go to church, or any other reason.

鈥淲e already have a shortage of foster families. Allowing agencies to turn away families for reasons that have nothing to do with their ability to care for a child would only make it worse,鈥 said Leslie Cooper, deputy director of the 老澳门开奖结果鈥檚 LGBT & HIV Project. 鈥淲hen an organization chooses to accept taxpayer dollars to provide a government service, it doesn鈥檛 have a right to pick and choose who it will serve. The stakes in this case couldn鈥檛 be higher for LGBTQ people, who face the possibility of the Supreme Court creating a constitutional right to discriminate against us in every aspect of our lives. And the court could open the door to discrimination in any taxpayer-funded program.鈥

鈥淔or the families in Philadelphia Family Pride, this case is first and foremost about kids. We work with the City of Philadelphia, private agencies that work with children in our foster care system and LGBTQ parents,鈥 said Stephanie Haynes, executive director of Philadelphia Family Pride. 鈥淲e work together to find members of the LGBTQ community who want to become foster parents to help meet the need. When a foster care agency says no to families based on the agency鈥檚 religious beliefs, it denies children families who are willing and able to care for them. When agencies are getting tax dollars to find families for children in foster care, religious beliefs should not come before the needs of the children.鈥

Some foster care agencies have religious objections to accepting people of different faiths, including the largest taxpayer-funded foster care agency in South Carolina, which accepts only evangelical Protestant Christians and has turned away Jewish and Catholic families. Over 1,000 people and organizations joined friend-of-the-court briefs in opposition to CSS鈥檚 claims, including all of the major child welfare groups, clergy and religious organizations representing diverse religious communities, former foster youth, and nearly half of the states and dozens of cities and mayors.