{"id":5665,"date":"2021-07-22T19:12:06","date_gmt":"2021-07-22T19:12:06","guid":{"rendered":"http:\/\/lonecandle.com\/?p=5665"},"modified":"2021-07-22T19:12:06","modified_gmt":"2021-07-22T19:12:06","slug":"an-epic-supreme-court-showdown-over-religion-and-lgbtq-rights-ends-in-a-whimper","status":"publish","type":"post","link":"https:\/\/lonecandle.com\/?p=5665","title":{"rendered":"An epic Supreme Court showdown over religion and LGBTQ rights ends in a whimper"},"content":{"rendered":"\n

\n\n“Fulton v. City of Philadelphia<\/em><\/a>, a case involving a Catholic group that objects to placing foster children with same-sex couples, was widely expected to be a sweeping victory for the religious right, and a correspondingly significant defeat for LGBTQ rights. Instead, the Court\u2019s opinion dodges nearly all of the important issues raised by the case.<\/p>\n\n\n\n

It\u2019s still a small win for religious conservatives and a similarly small loss for the LGBTQ community in Philadelphia. But the Court\u2019s decision is unlikely to have many implications outside of that city. And it hits pause on a fight to overrule a landmark Supreme Court decision<\/a> from over three decades ago \u2014 most likely because, as Justice Amy Coney Barrett notes in a concurring opinion, several of the justices aren\u2019t sure what to do next if that decision is overruled.”<\/p>\n\n\n\n

…<\/p>\n\n\n\n

“The plaintiffs in Fulton<\/em>, moreover, also asked the Supreme Court to overrule its seminal decision in Employment Division v. Smith<\/em><\/a> (1990), which held that religious objectors must follow \u201cneutral law[s] of general applicability.\u201d Under Smith<\/em>, a religious objector typically is bound by a state or local law so long as it applies with equal force to non-religious actors \u2014 so, if secular organizations are forbidden from discriminating, the same rule will generally apply to religious organizations.<\/p>\n\n\n\n

But neither of these important questions was resolved in Fulton<\/em>. While Justice Samuel Alito penned a lengthy opinion calling for Smith <\/em>to be overruled, that opinion was joined by only Justices Clarence Thomas and Neil Gorsuch.<\/p>\n\n\n\n

The remainder of the Court joined a much narrower majority opinion by Chief Justice John Roberts, which rules in favor of CSS, but on grounds that are unlikely to have many implications for future cases.”<\/p>\n\n\n\n

…<\/p>\n\n\n\n

“this argument relies solely on the text of Philadelphia’s particular ordinance.”<\/p>\n\n\n\n

https:\/\/www.vox.com\/2021\/6\/17\/22538645\/supreme-court-fulton-philadelphia-lgbtq-catholic-social-services-foster-care-john-roberts-religion<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

“Fulton v. City of Philadelphia, a case involving a Catholic group that objects to placing foster children with same-sex couples, was widely expected to be a sweeping victory for the religious right, and a correspondingly significant defeat for LGBTQ rights. Instead, the Court\u2019s opinion dodges nearly all of the important issues raised by the case.
\nIt\u2019s still a small win for religious conservatives and a similarly small loss for the LGBTQ community in Philadelphia. But the Court\u2019s decision is unlikely to have many implications outside of that city. And it hits pause on a fight to overrule a landmark Supreme Court decision from over three decades ago \u2014 most likely because, as Justice Amy Coney Barrett notes in a concurring opinion, several of the justices aren\u2019t sure what to do next if that decision is overruled.”<\/p>\n

…<\/p>\n

“The plaintiffs in Fulton, moreover, also asked the Supreme Court to overrule its seminal decision in Employment Division v. Smith (1990), which held that religious objectors must follow \u201cneutral law[s] of general applicability.\u201d Under Smith, a religious objector typically is bound by a state or local law so long as it applies with equal force to non-religious actors \u2014 so, if secular organizations are forbidden from discriminating, the same rule will generally apply to religious organizations.<\/p>\n

But neither of these important questions was resolved in Fulton. While Justice Samuel Alito penned a lengthy opinion calling for Smith to be overruled, that opinion was joined by only Justices Clarence Thomas and Neil Gorsuch.<\/p>\n

The remainder of the Court joined a much narrower majority opinion by Chief Justice John Roberts, which rules in favor of CSS, but on grounds that are unlikely to have many implications for future cases.”<\/p>\n

…<\/p>\n

“this argument relies solely on the text of Philadelphia’s particular ordinance.”<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[13],"tags":[919,57,528],"class_list":["post-5665","post","type-post","status-publish","format-standard","hentry","category-article-share","tag-lgbtq","tag-religion","tag-supreme-court"],"_links":{"self":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/5665","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5665"}],"version-history":[{"count":1,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/5665\/revisions"}],"predecessor-version":[{"id":5666,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/5665\/revisions\/5666"}],"wp:attachment":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5665"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5665"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5665"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}