Legal Spirits Episode 020: A New Case That May Alter Free Exercise Doctrine

Release Date

3-9-2020

Description

The Supreme Court has granted cert. on a potentially major case for the scope of the Free Exercise Clause and the relationship between rights of religious liberty and rights of LGBT persons. The case is Fulton v. City of Philadelphia, and it concerns Catholic Social Services, a foster agency and part of the Archdiocese of Philadelphia, which was prevented by the City from making new foster care placements because CSS objected on religious grounds to placing children in homes with unmarried heterosexual couples as well as same-sex couples.

In this episode, Mark and Marc present the facts of the case, discuss the legal claims in the petition for cert., and explore some of the larger and possibly very significant implications of this case for the future of constitutional free exercise. Listen in!

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