Quiz #94 -- Why did the Supreme Court rule the way it did in the Fulton decision?

Religion Law Quiz #94

The last several Religion Law Quizzes have focused on key legal principles as articulated in Fulton v. City of Philadelphia, Pennsylvania, 141 S.C.t 1868 (2021).  Today’s Religion Law Quiz poses one final question regarding that decision.

The Fulton decision specifically recognized that “‘gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth.’” Id. at 1882 (citation omitted).  But nevertheless, the Supreme Court ruled for Catholic Social Services (CSS) which would not certify same-sex couples to be foster parents because of CSS’s beliefs about marriage.  Why did the Court ultimately rule this way?

(Scroll down for the answer)

Answer: Because the city had created a system of exemptions from its non-discrimination policies and the city did not provide any compelling reason why it had an interest in denying CSS from the exemption while making it available to others.  Here’s how the Supreme Court articulated its rationale in its concluding paragraphs:

That leaves the interest of the City in the equal treatment of prospective foster parents and foster children. We do not doubt that this interest is a weighty one, for “[o]ur society has come to the recognition that gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth.” Masterpiece Cakeshop, 584 U. S., at ––––, 138 S.Ct., at 1727. On the facts of this case, however, this interest cannot justify denying CSS an exception for its religious exercise. The creation of a system of exceptions under the contract undermines the City's contention that its non-discrimination policies can brook no departures. See Lukumi, 508 U.S. at 546–547, 113 S.Ct. 2217. The City offers no compelling reason why it has a particular interest in denying an exception to CSS while making them available to others.

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As Philadelphia acknowledges, CSS has “long been a point of light in the City's foster-care system.” Brief for City Respondents 1. CSS seeks only an accommodation that will allow it to continue serving the children of Philadelphia in a manner consistent with its religious beliefs; it does not seek to impose those beliefs on anyone else. The refusal of Philadelphia to contract with CSS for the provision of foster care services unless it agrees to certify same-sex couples as foster parents cannot survive strict scrutiny, and violates the First Amendment.

In view of our conclusion that the actions of the City violate the Free Exercise Clause, we need not consider whether they also violate the Free Speech Clause.

Fulton v. City of Philadelphia, Pennsylvania, 210 L. Ed. 2d 137, 141 S. Ct. 1868, 1882 (2021)

Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.

HERE IS AN AI GENERATED SUMMARY OF TODAY’S PODCAST

Description

Welcome to Religion Law Quiz no.94, an enlightening episode of the esteemed Religion Law Podcast with your host Michael Fielding. This episode continues our deep dive into key legal principles resulting from the Supreme Court's landmark 2021 decision in the Fulton v. City of Philadelphia case.

Today's quiz discusses the Supreme Court's recognition of the equal dignity and worth of gay individuals and couples, while paradoxically ruling in favor of Catholic Social Services, who denied certifying same-sex couples as foster parents due to their religious beliefs. We explore why the court ruled the way they did, based on the city's non-discrimination policies and its system of exceptions.

We delve into the court's concluding paragraphs, in which it underscores that while equal treatment of prospective foster parents and children is paramount, this cannot justify denying CSS an exception for its religious exercise in this specific case. The court emphasizes that CSS's refusal to engage in contract with the city of Philadelphia over the remarked issue violates the First Amendment.

In our next episode, no.95, prepare to dive into the Supreme Court's 2023 decision, Groff v. DeJoy, encompassing employment law. Remember, the Religion Law Quiz Podcast is a platform for educational purposes and not a source of legal advice. If you found this episode genuinely helpful and informative, feel free to share it and leave a review. Till our next episode, keep being a positive influence in your community!