Week 2: Supreme Court to Hear Case on Gay Rights and Foster Care
On Monday, February 27th, the Supreme court decided if Philadelphia could exclude a Catholic agency from placing foster children with same-sex couples. When a 2018 article came out stating that the agency did not place foster children with same-sex couples, the city stopped all placement within the agency. The agency sued the city stating that they were infringing on their first amendment right of religion and expression.
Well, the United States Court of appellate ruled in favor of Philadelphia and stated the agency must comply with nondiscrimination policies. This case is known as Fulton v. City of Philadelphia, No. 19-123.
When the case was taken to court, the foster care agency relied on Masterpiece Cakeshop v. Colorado Civil Rights Commission. Where the supreme court ruled that members of the Civil Rights Commission mistreated the baker. The agency argued that their being mistreated based on anti-religious prejudice.
The agency lost because there are not capable of changing non-discrimination laws; they discriminate people based on their first amendment rights. The foster care system is already a bad system, so in my opinion to exclude loving families just because their same sex is a terrible decision. The agency tried to argue that Philadelphia violated their first amendment rights while also violating others first amendment rights.
https://www.nytimes.com/2020/02/24/us/supreme-court-gay-rights-foster-care.html
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