Why Two Liberal Supreme Court Justices Could Vote in Favor of Faith-Based Foster Care Agencies

The city of Philadelphia ended a contract in 2018 with Catholic Social Services (CSS) because the organization won’t endorse or certify homosexual “marriage.” CSS, which requires foster parents to be married, or if single, a birth parent must approve, took the matter to court, lost on appeal, and appealed to the U.S. Supreme Court.

Foster mothers Sharonell Fulton and Toni Simms-Busch asked the court to bar the city from permanently canceling the contract. The high court recently heard arguments this week.

Becket Law, which represents CSS and the foster mothers, said the majority of justices “appeared inclined to protect the religious foster parents and Catholic Social Services.”

Justice Brett Kavanaugh noted that no homosexual couples seeking to adopt or foster children have ever come to CSS. Liberal Justice Stephen Breyer noted the same thing. He said it is “bothering me a lot… that no family has ever been turned down by this agency—indeed has never applied,” and the city still tried to shut them down. Justice Elana Kagan questioned the city’s neutrality on religion. Based on these statements, at least two liberal justices could vote in favor of CSS and the foster care mothers.

Justice Samuel Alito got to the heart of the matter.

“If we are honest about what’s really going on here, it’s not about ensuring that same-sex couples in Philadelphia have the opportunity to be foster parents. It’s the fact the City can’t stand the message that Catholic Social Services and the Archdiocese are sending by continuing to adhere to the old-fashioned view about marriage.”

The high court’s decision isn’t expected until June 2021.

The homosexual lobby has targeted other faith-based adoption and foster care agencies (and Christian-owned businesses) for opposing homosexual “marriage.” The Bible teaches that homosexuality is a sin, and faith-based organizations have a right to conduct business according to their faith.

The Trump Administration has been supportive of these faith-based organizations. The U.S. Department of Health and Human Services issued a rule to protect faith-based adoption and foster care agencies that receive federal funding:

In the proposed rule, HHS would repromulgate most of the provisions of the 2016 rulemaking verbatim. HHS would revise two provisions of the 2016 rulemaking to require grantees to comply with applicable nondiscrimination provisions passed by Congress and signed into law, including legislation ensuring the protection of religious liberty, and to provide that HHS complies with all applicable Supreme Court decisions in administering its grant programs.

The proposed rule represents the Trump Administration’s strong commitment to the rule of law―the Constitution, federal statutes, and Supreme Court decisions. These require that the federal government not infringe on religious freedom in its operation of HHS grant programs and address the impact of regulatory actions on small entities.