Justices to hear same-sex foster parents court case

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WASHINGTON – The Supreme Court said Monday it will hear a dispute over a Philadelphia Catholic agency that won’t place foster children with same-sex couples, a big test of religious rights on a more conservative court.

The justices will review an appeals court ruling that upheld the city’s decision to stop placing children with the Archdiocese of Philadelphia’s agency because it would not permit same-sex couples to serve as foster parents.

The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled the city did not target the agency, Catholic Social Services, because of its religious beliefs, but acted only to enforce its own nondiscrimination policy in the face of what seemed to be a clear violation.

The case will not be argued until fall. Among the issues the justices will take up is whether to overrule a 30-yearold Supreme Court decision that does not allow for religious exemptions from laws that apply generally and neutrally to everyone. The federal Religious Freedom Restoration Act, approved by Congress to counteract the court ruling, does not apply to state and local government action.

With the addition of two appointees of President Donald Trump, Justices Neil Gorsuch and Brett Kavanaugh, the court seems poised to extend protections for religious objections to anti-discrimination laws.

Both sides framed the case in terms of children who need homes.

“I’m relieved to hear that the Supreme Court will weigh in on faithbased adoption and foster care. Over the last few years, agencies have been closing their doors across the country, and all the while children are pouring into the system. We are confident that the Court will realize that the best solution is the one that has worked in Philadelphia for a century – all hands on deck for foster kids,” said Lori Windham, senior counsel at the Becket the law firm.