Trump Administration Backs the Catholic Agency
Two lower courts have ruled against Catholic Social Services, which is represented by the Becket Fund for Religious Liberty. After the Supreme Court agreed to hear the case, the Trump administration filed a brief on behalf of CSS, saying Philadelphia’s decision shows “unconstitutional hostility toward Catholic Social Services’ religious beliefs.”
Legal experts say the decision could have long-term impacts, and a ruling for CSS would continue the court’s recent trend of siding with Christian conservatives. Justice Barrett, SCOTUS’ newest member, is a devout Catholic and advocate of religious freedom.
“Philadelphia demands that a religious agency, an arm of a church, speak and act according to Philadelphia’s beliefs,” says Mark Rienzi, an attorney representing CSS. “If it does not, Philadelphia will rid itself of the meddlesome agency.” A spokesperson for The Catholic Association, another faith-based group, says the government “should let good people do good things, and not make violating their beliefs the price of doing indispensable work.”
The Conflict Is ‘Manufactured,’ Says City’s Lawyer
Neal Katyal, who represents Philadelphia, says, “We adore CSS. We’ve been partners with them for years and years.” The city, in fact, continues giving CSS contracts for services including group homes. But, says Katyal, “You can’t on Monday sign a contract that says [you] won’t discriminate and on Tuesday go ahead and discriminate.”
No same-sex couples have yet attempted foster-care placements through CSS, but the agency says it would simply refer them elsewhere. Philadelphia says that’s insufficient, however, with Katyal adding that Catholic Social Services has “manufactured” the conflict. The agency, he says, merely needs to determine a family’s suitability, not “approve them in the eyes of God.”
What’s at Stake
The battle comes as the need for foster parents is high; an estimated 6,000 kids await placement in Philadelphia. Agencies across America have closed their doors “while children are pouring into the system,” says Becket senior counsel Lori Windham. She expresses confidence that SCOTUS “will realize that the best solution is the one that has worked in Philadelphia for a century: all hands on deck for foster kids.”
The Fulton case revisits a 1990 Supreme Court decision, authored by conservative icon Antonin Scalia, that allowed “incidental” negative effects on citizens—which, in turn, prompted Congress to pass the Religious Freedom Restoration Act in 1993.
Fulton also revisits an issue SCOTUS “punted” on two years ago, when it said a Colorado baker who refused to make cakes for same-sex weddings was treated with hostility but sidestepped whether his rights were violated.
