Children in need of assistance are wards of the state, but the state can’t find them homes on its own. CHIEF JUSTICE ROBERTS: We'll hear argument 4. this morning in Case No. Justice Samuel Alito suggested the answer: If we are honest about what’s really going on here, it’s not about ensuring that same-sex couples in Philadelphia have the opportunity to be foster parents. On Wednesday, the court will hear arguments in Fulton v. City of Philadelphia, a case testing whether discrimination against LGBTQ would-be adopters can be justified on religious grounds. So what was the real motivation for why the city had to force the Catholic agency out? Kennedy pointed out in oral arguments in Masterpiece Cakeshop v. Colorado that “tolerance is essential in a free society.” But, he continued, “it seems to me that the state in its position here has neither been tolerant nor respectful of Mr. Phillips’s religious beliefs.” The same is true with respect to the city of Philadelphia and Catholic Social Services. Most shamefully, it would deny countless children the blessing of parents who want more than anything to love them as our parents have loved us. Whenever possible, we should seek to live peaceably with our neighbors even when disagreeing on important issues. Justice Anthony Kennedy, in his majority opinion in Obergefell v. Hodges, noted that “many who deem same-sex marriage to be wrong reach that conclusion based on decent and honorable religious or philosophical premises, and neither they nor their beliefs are disparaged here.”, He went on to acknowledge that support for male-female marriage was held “in good faith by reasonable and sincere people here and throughout the world.”. The basic facts here are that Catholics have been caring for widows and orphans longer than the City of Brotherly Love has existed. Indeed, Kennedy’s replacement, Justice Brett Kavanaugh, struck that note in oral arguments today: It seems like this case requires us to think about the balance between two very important rights recognized by this Court, the religious exercise and belief right, obviously, in the First Amendment, and the same-sex marriage right, as recognized in Obergefell. @RyanTAnd. That was the promise explicitly written by the Court in Obergefell and in Masterpiece, explicitly promised that respect for religious beliefs. We are among the first generation of children raised by two gay dads or two lesbian moms. To best serve these children, public policy needs to maximize the number and diversity of foster agencies (including faith-based agencies). 7 ORAL ARGUMENT OF MARY L. BONAUTO 8 ON BEHALF OF PETITIONERS ON QUESTION 1 9 MS. BONAUTO: Mr. Chief Justice, and may it 10. please the Court: 11 Now the Supreme Court must decide if the city of Philadelphia may disparage such people and their beliefs at the expense of children in great need. Proponents of the adoption agency do not think our parents are fit to have families. Though the adoption agency argues this is a matter of its First Amendment right to freedom of speech and religion, the case is really about whether those values outweigh the government’s obligation to treat our families equally. Slate is covering the election issues that matter to you. The justices did not grant oral argument in any new cases, called for the views of the federal government in one pending case, and released unsigned opinions in Mckesson v.Doe and Taylor v. Riojas, summarily overturning the 5th Circuit's judgment in Taylor and ordering further proceedings in McKesson. Faith-based agencies provide unique inspiration and encouragement to foster families and help maximize families for children in need. Birth of the Coalition of Normal People May Be Upon Us, We Hear You: A Vice President, a Constitution, and a Time for Adults, We Hear You: Taking on the Left, Even in Blue States, We Hear You: From Gender Identity in Sports to Second Amendment Rights, We Hear You: From Misery in San Francisco to Impeachment in Senate, Problematic Women: Why Election 2020 Is a ‘Proud Lady Moment’ in History, Election Wins and Losses for Pro-Life Movement, Election Night in Review: A Legal Expert Explains What We Know, William E. Simon Senior Research Fellow in American Principles and Public Policy, legal brief on behalf of the mothers and agency, wrote in the Georgetown Journal of Law and Public Policy, Deep policy understanding from over 100 experts. Leave a comment, Right now, 250 kids in Philadelphia are waiting for families to open their homes to them. And its contract with the state provides that … you can get some exceptions for some medical procedures, but every hospital has to perform abortions. The foster care case raises a troubling question: Can the government take over an area of historic religious exercise and then regulate traditional religious groups out of their historic ministries? The question is, and has always been, whether our families are worthy of robust legal protection or not. But, when I look at this case, that’s not at all what happened here. Hopefully the Supreme Court will tell the government to take a hike. Our parents were just as good as any: They read to us every night, taught us to swim, and tied our shoelaces. If the court rules in favor of Catholic Social Services, it will send a clear message to people like us: that our parents are not good enough and our families are not worthy of the respect other families receive. And yet, two years ago, the city of Philadelphia stopped Catholic Social Services from helping children to find homes. In Philadelphia, Catholic Social Services had always ranked at the top of the agencies. It did not say that opposition to interracial marriage was based on “decent and honorable premises” and held “in good faith by reasonable and sincere people here and throughout the world.” It did not say it because it could not say it. Ben Shapiro Examines Hard Questions in New Book, ‘Plot to Change America’ Driven by Identity Politics, 3 Key Concepts That Woke ‘Anti-Racists’ Believe, Uncovering the Origins of Identity Politics. We hope the court hears our voices now when we ask them to recognize our families and uphold the right of same-sex couples to create their own. When the Supreme Court redefined marriage in 2015, it said that support for the historic understanding of marriage was based on “decent and honorable” beliefs, and that neither the people who support traditional marriage nor their beliefs “are disparaged here.”. This is one reason why Bob Jones University lost its religious liberty case in Bob Jones University v. United States, but Jack Phillips, the owner of Masterpiece Cakeshop, won his. So the government partners with a variety of private agencies to recruit, evaluate, and ultimately endorse families for fostering. Catholic Social Services, a religiously affiliated child placing agency that refuses to work with same-sex couples, is asking the court to require Philadelphia to work with and fund it—even though Philadelphia otherwise requires that city-sponsored foster agencies deal with prospective families on a nondiscriminatory basis. Ever feel like the only difference between the New York Times and Washington Post is the name? Just five years ago, these victories culminated in Justice Anthony Kennedy’s opinion in Obergefell v. Hodges, which declared that same-sex couples had a constitutional right to marriage. / Democrats Have a Much Bigger Problem Than the Senate or the Electoral College, Trump Is More Vulnerable to Federal Prosecution Than People Think, Republicans Should Own the Libs by Abolishing the Electoral College, Sam Alito Delivers Grievance-Laden, Ultra-Partisan Speech to the Federalist Society. By contrast, in Loving v. Virginia, the case that struck down bans on interracial marriage, the Supreme Court said nothing of the sort.


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