Fulton v. City of Philadelphia is one of the first cases of new Supreme Court appointee Amy Coney Barrett and one of the biggest cases of the Court's term.

The case could hand religious conservatives a major victory in a battle over whether the US Constitution protects the right to discriminate against LGBTQ people on religious grounds.

The justices are reviewing Philadelphia's decision to exclude Catholic Social Services (CSS), from its foster care system. The church agency has refused to abide by the city's non-discrimination policy.

CSS argues it has a First Amendment right to decline to certify same-sex couples for foster parenthood. This is based on the right to free exercise of religion, and the Roman Catholic Church's teachings on marriage.

Lori H. Windham, a senior counsel at the law firm representing the religious agency, says there are 28 other foster care agencies in Philadelphia. Three of the agencies have special expertise in serving the LGBTQ community. Windham argues that CSS "would help them to find a foster care agency with expertise in serving LGBTQ couples."

"But Philadelphia's government says that's not enough, and it won't allow any more foster kids to be placed with families who work with Catholic Social Services."

Philadelphia responded in its merits brief that "the Constitution does not grant CSS the right to dictate the terms on which it carries out the government's work," the city said.

"CSS lacks a constitutional right to demand that it be granted a government contract to perform a government function using government funds without complying with the same contractual obligation that every other [foster family care agency] must follow."

Fulton v. City of Philadelphia was likely to end in victory for the conservatives even before Justice Amy Coney Barrett's confirmation gave them a 6-3 majority on the Supreme Court.

With Barrett now on the Court, the religious freedom case is overwhelmingly likely to end in a significant defeat for LGBTQ equality.

Sources

• ABA Journal
• Vox
• ACLU

On the 24th of January 2020, they celebrated their golden wedding anniversary.

At the time they wrote:

"God's call on us as a married couple was to open our hearts and home to vulnerable children, young people and their families."

"This ministry has been central to our lives over the last 50 years and has been expressed through our home and especially through the founding and leading of Open Home Foundation New Zealand and Open Home Foundation International."

"We thank God for His love that has bound us together in love with Him over these years."

Since it began in 1977, the Open Home Foundation has carved out a particular niche in the care and protection of vulnerable children.

Almost 30 years ago an international branch of its work began, which is still headed by Ewen.

These days its aim overseas is to empower communities to care for their impoverished and vulnerable children, especially girls, as they are the most likely to be abused.

This is done by offering training in the care and protection of those children, alongside financial support, to set up sustainable micro-enterprise projects that fund the children's education and health care.

When they were in their twenties Ewen and Gillian enrolled to study at Victoria University where they eventually met in the Maori language lab.

Romance followed and the couple pondered how their wedding could reflect their different Christian denominations.

Gillian was Presbyterian while Ewen was Catholic. They described it as sharing the same faith but with different expressions of worship.

"We wanted to honour our parents and honour God in our marriage but it would have been easier to elope," they said.

Catholic Cardinal, Peter McKeefry, gave special permission for the couple to be married in the ecumenical chapel at Wallis House in Lower Hutt with a Catholic priest, Fr (later Bishop) Peter Cullinane, and Presbyterian Minister, Dr Ian Fraser, jointly officiating.

At the time the ceremony, held on January 4, 1970, was considered ground-breaking and was mentioned in a daily newspaper.

Source

• ohfint.org
• dailyencourager.co.nz
• Image: ohfint.org

The city says it has stopped using CSS because it does not place children with same-sex couples.

Last week one of the Philadelphia Councillors asked for the city's Public Health and Human Services to investigate Philadelphia's partnership with organisations that do not place foster children with LGBTQ people.

The councillor said refusing to place children with LGBTQ people is discriminatory.

For the same reasons, Bethany Christian Services are not allowed to place foster children either.

Both the Catholic Church and Bethany Christian Services have been targeted because they are seen to be violating city contract rules that forbid discrimination.

Philadelphia's fair practices ordinance, which prohibits discrimination based on sexual orientation, is included in all city contracts, the city's executive director of the Human Relations Commission says.

The Archdiocese of Philadelphia's chief communications officer, Kenneth Gavin, says CSS hopes the foster care partnership with the city will resume.

"Catholic Social Services of the Archdiocese of Philadelphia recognises the vital importance of the foster care program in our city and is proud to provide safe and nurturing foster environments to young people in need.

"We hope to continue our productive relationship with the City of Philadelphia to serve those among us in need."

Gavin says CSS is, "at its core, an institution founded on faith-based principles. The Catholic Church does not endorse same-sex unions based upon deeply held religious beliefs and principles.

"As such, CSS would not be able to consider foster care placement within the context of a same-sex union."

Nonetheless, Gavin says CSS provides foster care services to any young person in need of assistance regardless of background and without making inquiry as to their sexual identity or orientation.

"That's important to note as it is also a deeply held religious belief for us to provide care for all those in need with dignity, charity and respect."

Source

• Catholic News Agency
• The Inquirer
• Image: Foster-Care-v2