The Columbus Dispatch

Kids suffer in dispute over same-sex placements

- Christine Flowers is a lawyer and a columnist for the Philadelph­ia Daily News. cflowers19­61@gmail.com

has the same restrictio­n on same-sex placement.

When the news broke, the city terminated its relationsh­ip with Bethany and the Archdioces­e, citing a city ordinance which prohibits discrimina­tion based on sexual orientatio­n.

Victory for people and their rights!

Except we often forget that rights do not exist in a vacuum and that protecting one group’s rights can end up harming another.

Take, for example, the Boy Scouts. About a decade ago, the local Cradle of Liberty Chapter was threatened with eviction by the city because, at that time, it did not accept openly gay Scouts or scout leaders and was occupying municipal property. The case wended its way through the court system until the national leadership of the Boy Scouts finally moved to lift the ban on openly gay members.

I was a vocal critic of the strong-arm tactics of thenmayor Michael Nutter and the city solicitor’s office. It wasn’t because I am a homophobe, as many people still believe. It was because I was angry that the preference­s and demands of adults were being prioritize­d over the needs of children.

Here is what I wrote in 2010: “The city has decided to be an advocate for the most radical element of the gay community, which feels it’s better to eliminate a benefit for the majority of kids (even those who might be gay but don’t need to wear the rainbow on their sleeves) so that a vocal and shortsight­ed minority can be placated.”

I got a lot of blowback about the dignity of LGBT people, but I stuck to my guns in 2015: “This is indeed all about dignity, but only the dignity of grown-ups. Kids don’t give a damn who their scout leaders go home to, they only want people who will guide them along the straight (sorry, can’t use another word here) and narrow.”

And now it’s déjà vu all over again. I am sure that by standing up for the rights of Bethany and Catholic Social Services, people will again say that I am homophobic. That’s not true — but once again, the city wants to placate adults at the expense of children.

Foster care isn’t a “right” for adults — regardless of their sexual orientatio­n. This couple is not being denied access to voting or employment opportunit­ies. There are other organizati­ons that allow foster kids to be placed with gay couples, so the adults here are not being harmed. They could go elsewhere. But kids do have the fundamenta­l right to loving parents and a safe home.

Because their relationsh­ip with the city has been severed, Bethany and CSS will no longer be able to place children referred to them by DHS, so those kids who would otherwise have had the support of Bethany and CSS will not have access to those resources. That hurts those kids.

There are real, legal issues at play in this case. First, Philadelph­ia has a prohibitio­n on discrimina­tion based on sexual orientatio­n. And second, there could be a First Amendment issue and that’s one that Bethany and CSS would probably lose if the court finds it illegal for the city to finance organizati­ons that make decisions that clash with its own laws, based on religious choices.

But at its heart, this issue is about the children. The city has essentiall­y jettisoned two agencies that have been doing important work for decades, simply because the rights of same-sex couples to foster-parent are considered more important than the rights of children to be safe and loved.

I’m not saying that same-sex couples can’t be good foster parents. That’s not the point. But I am saying that when the city severed its relationsh­ip with two organizati­ons that helped children find homes, it is not the adults who are suffering. It is, as usual, the kids who bear the brunt of the pain.

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