Supreme Court Rebuffs Catholic Social Services' Right to Discriminate Against Gays

With all the problems that the Roman Catholic Church is facing ranging from declining membership (which at least so far has been partially masked by the growing Hispanic immigrant population) to the once again exploding sex abuse scandal, one would think that things other than discriminating against LGBT individuals would take a higher priority.  Not so apparently in the Diocese of Philadelphia where the diocese Catholic Social Services sued the City of Philadelphia claiming that compliance with the City's non-discrimination laws would restrict its religious beliefs.  If Philadelphia is like other jurisdictions, it likely had been paying Catholic Social Services for foster care placement services - money, the organization happily accepted.  Thankfully, the U.S. Supreme Court refused to take Catholic Social Services' appeal and the organization was left with the choice of ending its discriminatory practices or losing access to the taxpayer funded money trough.  Reuters looks at the the ruling.  Here are highlights:

In a decision that Catholic Social Services had said would force its foster care program to close, the justices refused the religious agency’s request for an injunction compelling the city to allow it to place children in foster homes while litigation over the dispute continues in lower courts.

In the brief order that did not give any reasons for the decision, three conservative members of the court, Justices Clarence Thomas, Samuel Alito and Neil Gorsuch, said they would have granted the agency’s request.

Five of the nine Supreme Court justices are needed to grant an injunction, but the court is one member short since Justice Anthony Kennedy retired at the end of July. The court is split 4-4 between liberal and conservative justices. President Donald Trump has nominated conservative federal appeals court Judge Brett Kavanaugh to replace Kennedy.

“We hoped for a different decision today,” said Lori Windham, a lawyer at the Becket Fund for Religious Liberty, which represents the agency. She said she was encouraged that three justices agreed with their position.

The dispute arose last March after the city suspended referrals with Catholic Social Services following a newspaper report on the agency’s policy to turn away same-sex couples.

At issue is Catholic Social Services’ policy of refusing to perform home studies on same-sex couples to evaluate and certify them as foster parents, which it says would amount to a written endorsement of same-sex marriage, according to court papers.

The case underscores increasing tensions in the United States between advocates for religious groups seeking exemptions from anti-discrimination laws, and gay rights proponents who say such exemptions would be a license to discriminate.

Philadelphia says that as part of its foster care contract with Catholic Social Services, the agency must follow a city anti-discrimination law, which covers sexual orientation.

Catholic Social Services, which is part of the Archdiocese of Philadelphia, filed suit in federal court arguing that the city had violated its religious and free speech rights under the U.S. Constitution.

I have zero sympathy or Catholic Social Services and similar groups that want to gobble up taxpayer funded money yet then think they should have a license to discriminate against some of the very same taxpayers who are footing the bill.   If the agency cannot survive without public funds, then maybe that ought to send it message that the public doesn't support its exclusionary agenda.  Currently in Virginia, similar groups have a license to discriminate thanks to Republicans who are always willing to perform the political equivalent of fellatio for The Family Foundation and similar anti-gay hate organizations.  Hopefully, this state of affairs will end if Democrats retake control of the House of Delegates (and possibly the Senate) in the 2019 Virginia elections.