The Trump Administration has filed a new law brief with the Supreme Court. In it, the administration argues that adoption agencies should have a right to refuse to home children with same-sex couples based on religious beliefs.
The debate rose out of the City of Philadelphia, where the city itself had a contract with Catholic Social Services to help place needy children in foster and adoptive care. The city terminated its contract with CSS in 2018 when the agency refused to place any of its children with same-sex couples, citing a city law that requires nondiscrimination by all agencies contracting with the city government. CSS claimed it would not abide by the regulation, citing religious exemption.
CSS ultimately sued the City of Philadelphia over the issue in 2018, claiming religious discrimination. A federal judge sided with the city, noting that other religious agencies contracting with the city also objected to homosexuality, but did not refuse service to same-sex couples. A court of appeals unanimously upheld the lower court decision in 2019, setting the stage for a battle before the Supreme Court.
Now, Metro Weekly reports, that the Trump Administration has filed a brief with the Supreme Court arguing that requiring CSS to serve gay couples violates the agencies First Amendment rights.
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Related: Britain’s Catholic Adoption Agencies Can’t Skip Over Homo Applications
“This Court has long recognized that a law is not neutral and generally applicable if it allows government officials to grant individualized exemptions, because the application of such a rule in any particular case depends on a government official’s discretionary decision to grant or withhold an exemption,” the brief reads. “A law also is not neutral and generally applicable if it excludes from its scope secular conduct that undercuts the government’s asserted interests to a similar or greater degree than the religious conduct that it covers.”
At the moment, Philadelphia has about 400,000 children in foster care. Supporters of the city argue in this case that ruling in favor of CSS would have a disastrous effect on those children in need of good homes. They also argue that a ruling in favor of CSS would set a dangerous precedent that would allow any agency receiving taxpayer dollars to establish discriminatory policies simply by claiming a religious exemption.
“The Trump administration submitted a brief to the Supreme Court on the side of a taxpayer-funded agency that is seeking a constitutional right to turn away people who fail to meet the agency’s religious criteria,” the deputy director of the ACLU’s LGBT & HIV Project, Leslie Cooper, wrote in a statement. “While this case involves rejecting LGBTQ families, if the Court accepts the claims made in this case, not only will this hurt children in foster care by reducing the number of families to care for them, but anyone who depends on a wide range of government services will be at risk of discrimination based on their sexual orientation, religion or any other characteristic that fails a provider’s religious litmus test.”
The Trump administration continues to claim that Donald Trump is the most pro-LGBTQ president in history. An assessment of actions by the administration, however, reveals that Trump is actually the most anti-LGBTQ president in American history.
Cam
I wonder if any of the trolls that ALWAYS try to scream “Prove Trump and Republicans are anti-LBTQ” will bother coming on to this post.
If they do they will no doubt spout religious freedom and use words like “Different opinion” to hide the words “Hate and bigotry”.
Charlie in Charge
I am certain they are on there way to this post at this very minute to share some cogent points about the President’s position.
Den
Generally if there is no way to logically defend their position (as there very often is not) they will simply attack the person posting or not post at all. Get ready for lots of upper case posting with excessive numbers of question marks and exclamation points.
Chrisk
He’s pulling out all the stops to get his base excited again and to the polls. This would definitely be on their wish list.
WSnyder
This of course fits the moronic narrative of Trump’s homophobic base that Gay people want to adopt to make more Gay people. Like the Gay Grand Plan is to adopt kids and turn them gay and then recruit them into our Gay Army to overthrow Str8 society. And only James Bond…er, Trump, can foil this evil plot. Thank God most of the stupid ones are on their side.
Our BEST defense to this idiocy is to get kids [adopted or not] who’ve grown up in loving Gay households to come forward and tell their stories. Like Zach Wahls a great LGBTQ+ ally. Bring these people forward and watch the arguments against Gay parents adopting wither away under the glare of truth and love.
Mister P
Anyone with sense knows it is better to get these kids adopted into safe and stable homes than to keep them in orphanages.
Of course, we would expect these so called Christian evangelicals to know this but their hate is bigger than their Christianity.
MacAdvisor
By and large, orphanages don’t really exist anymore in the US. There are receiving facilities where children stay awaiting placement into foster homes, but few are set up to hold kids until they age out. The days of Mrs. Hannigan and little orphan Annie are a thing of the past. However, while many foster homes are wonderful and a true haven, many are worse or on par with the hated orphanages.
1wagonho
But his daughter loves us. He wouldn’t do anything to harm the LGBTQ community. NOT!!! Please register to vote if you haven’t already. We can’t get through another 4 years of this “family”.
SteveM
I have far more respect for the Mafia than I have for Trump. He makes them look good, by comparison.
fur_hunter
Didn’t ANYONE learn anything in US Government class in high school when Separation of church and State was discussed????? NO RELIGIOUS institutions or beliefs are to influence ANY laws and regulations. It’s pathetic!!! If the Supreme Court allows this ruling, it is going against Separation of church and State!!!!!
sillyme
@fur_hunter, grow up and realize that, that isn’t happening any longer for far too many people are citing for any reason they want that doing anything for a Gay person or so goes against their religious beliefs and they will be allowed to get away with it and also to many predators have gotten away with the abuse that some of these kids have been in and such that they still go through daily. I had a good childhood and one that taught me not to hate people for what they believe in or how, why can you stand up and act like an informed person of little intelligence and learn a new way of doing things within the legal aspects and not be a whiny “Trumpy” fluc bud or on your knees for him and his cronies???
WSnyder
Do you think the treat to Roe v. Wade is based on science? ‘Rights’ of the unborn? The opposition to Gay Marriage was based on…facts? EVERY challenge to people’s rights in this country is based upon religious ‘beliefs’, they just hide it behind BS to avoid that legal argument.
PerthMan
tRUMP and his mob administration need to go NOW!!! This is disgusting!!
jsmu
Yep, fat pig of a whore disBarr is filing yet another nasty unsolicited amicus brief a) for SQUIRREL! and b) to be its evil self yet again>
hurdygurdyman
Tax all Churches. Enough with their free ride and unwelcome restrictions on our lives.
Inspector 57
Yup. Organized religion is a business, just like Amazon, oil companies, and big pharma.
The only difference between them is that organized religion promotes discrimination.
Itsonlythetruth
Trump should not be commenting on things he knows nothing about; especially religion.
ShiningSex
what in the f*ck doesn religion have to do with adoption??? first they’re against abortions, but most pro-lifers don’t adopt unwanted children. Then they bitch because of people on welfare who can’t take care of their children. Now gays can’t adopt unwanted children???
How this very christian of them????
scumbags!!!
TonyPSP
Another great reason to separate church and state. How can the Catholic Church stand in the way of protecting children and allowing them to grow up up in healthy happy homes. These are the same people that allowed thousands, if not more, children to be continually raped and assaulted for decades and did nothing to stop it. Stop taking our tax dollars if you want to continue to take away our rights. Screw Trump and organized religion. They are what is wrong in America.
trsxyz
Precisely!
sillyme
How many went to church and later learned that it teaches all about hate and discrimination against all that are not part of a “real church” or so and to Hate all that men don’t care for at all and raise your kids that way and brain wash them into it also?
GlenMartin
Meh.. He is all bark and no bite. He salivates over his noxious threats then doesn’t follow through. He is just trying to rile up his religious base because he knows he is beginning to lose them, His pathetic desperation is so blatant in our faces its funny. Nothing will come of it like his stupid wall. Empty words from an empty poorly tailored suit.
Michel-Ashley
Perhaps he will lose the election in November after this?
Cam
WE need a non-religious person to head up the IRS. Churches have been allowed to break the law against participating in politics for decades.
The Mormon and Catholic churches that put in over $100 million dollars of cash and man hours to fight against same sex marriage still haven’t been investigated. The IRS has been sued THREE times and told by courts to enforce the law against churches, each time it says it will, and each time it hasn’t.
Why? Because Congress that funds the IRS is full of religious zealots or people who aren’t as religious but catering to their crazy base.
If the Mormon or Catholic church got a huge tax fine for participation trust me, all of that politics coming out of churches would disappear the next day.
Chrisk
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Chrisk
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