Supreme Court to Rule on Religious Liberty Dispute Over Same-Sex Adoption

Jun 4, 2020

Religious Liberty, Adoption
This week, the U.S. Justice Department filed a brief asking the U.S. Supreme Court to allow religious-based adoption agencies to make adoption placements in accordance with their religious beliefs regarding human sexuality and marriage.

Back in February the Supreme Court agreed to take up an appeal involving a First Amendment Free Exercise dispute between the city of Philadelphia and a Catholic foster care agency, Catholic Social Services (CSS).

The city had a contract with CSS to help place children in foster and adoptive care. However, in 2018, after the City’s Department of Human Services investigated the agency based on an allegation that it would not place children with same-sex couples, the city terminated the contract. It cited a non-discrimination provision in the City’s charter as justification even though the provision expressly excludes professional services contracts. 

At the time the contract was ended, no same-sex couple had ever approached Catholic Social Services seeking a home study or placement, and there are 30 other foster care agencies located in the city which work regularly with same-sex couples.

CSS claimed it would not abide by the regulation and sued to block the City’s action. The federal district court ruled against CSS and U.S. Circuit Court of Appeals for the Third Circuit affirmed the trial court. 

The actual case doesn't involve the federal government, but the ruling could have national implications.
 

News Sources

Supreme Court agrees to review religious liberty dispute over foster care and same-sex couples
Fox News

Catholic Social Services launch new appeal to Supreme Court
Catholic News Agency

Petition
Supreme Court of the United States 

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