A Narrow Victory for Religious Liberty

Document Type

Article

Publication Title

First Things

Publication Date

6-23-2021

Abstract

(Excerpt)

Last week, the Supreme Court handed down its decision in the Catholic adoption services case, Fulton v. City of Philadelphia. The case concerned whether the city of Philadelphia could require Catholic Social Services (CSS) to place children with same-sex couples, notwithstanding CSS’s religious objections, as a condition of participating in the city’s foster care system. Many Court watchers believed the justices would use Fulton as an opportunity to overrule a 1990 decision, Employment Division v. Smith, which critics say offers too little protection for religious freedom. Some observers anticipated a broad ruling on the conflict between public accommodations laws that guarantee equal treatment for same-sex couples and the free-exercise rights of religious objectors.

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