The Supreme Court’s current term is winding down , but there are still several cases to be decided – and, as with most terms, a controversy over church-state matters looms. Fulton vs. City of Philadelphia is among the cases still to be decided. It centers on a requirement that private agencies that receive city funding – in this case an adoption agency – do not discriminate against any community they serve, including members of the LGBTQ community. This nondiscrimination requirement applies to both religious and nonreligious organizations. But the adoption service at the heart of the case – Catholic Social Services – refused to comply , asserting that not being allowed to discriminate against gay couples infringed upon its religious beliefs. It would appear on first glance that the city’s position is strong – after all, it provides the money and has a legitimate interest in ensuring that funding does not perpetuate discrimination based on sexual orientation. Yet, Catholic Social Services and its counsel, Becket Fund for Religious Liberty , believe that they have the wind at their back regarding their claim. From my perspective as a professor of law who has closely monitored such religious liberty cases , […]
