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Supreme Court rules in favor of Catholic foster care agency

The Supreme Court is seen on Election Day, Tuesday, Nov. 3, 2020, in Washington. President Donald Trump says he's planning an aggressive legal strategy to try prevent Pennsylvania from counting mailed ballots that are received in the three days after the election, a matter that could find its way to the high court.

WASHINGTON — In another victory for religious groups at the Supreme Court, the justices on Thursday unanimously sided with a Catholic foster care agency that says its religious views prevent it from working with same-sex couples. The court said the city of Philadelphia wrongly limited its relationship with the group as a result of the agency's policy.

The ruling was specific to the facts of the case, sidestepping bigger questions about how to balance religious freedom and anti-discrimination laws. Instead, the outcome turned on the language in the city's foster care contract. Three conservative justices would have gone much further, and LGBTQ groups said they were relieved that the decision was limited.

Chief Justice John Roberts wrote for a majority of the court that Catholic Social Services “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.”

Roberts concluded that Philadelphia's refusal to “contract with CSS for the provision of foster care services unless it agrees to certify same-sex couples as foster parents ... violates the First Amendment.”

Roberts noted that no same-sex couple has ever asked to work with Catholic Social Services, which is affiliated with the Archdiocese of Philadelphia. If that were to happen, that couple would be referred to one of the more than 20 other agencies that works with same-sex couples, Catholic Social Services has said.

“For over 50 years, CSS successfully contracted with the City to provide foster care services while holding to these beliefs,” said Roberts.

Because of its beliefs, the Catholic agency also does not certify unmarried couples.

Philadelphia learned in 2018 from a newspaper reporter that Catholic Social Services would not certify same-sex couples to become foster parents. The city has said it requires the foster care agencies it works with not to discriminate as part of their contracts. The city asked Catholic Social Services to change its policy, but the group declined.

As a result, Philadelphia stopped referring additional children to the agency. Catholic Social Services sued, but lower courts sided with Philadelphia.

In coming to the conclusion that Philadelphia had acted improperly, Roberts said the city gave Catholic Social Services a choice between “curtailing its mission or approving relationships inconsistent with its beliefs.”

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