Supreme Court to tackle religious freedom vs. LGBTQ rights in foster-care case.
Saul Loeb / AFP - Getty Images fileThe Supreme Court has issued nearly all of its landmark decisions involving LGBTQ rights in the month of June, Pride Month, and the high court is expected to do so again this year with a ruling expected soon in Fulton v. City of Philadelphia. The court's decision could have lasting implications for gay couples looking to start a family.
Right now, laws in 11 states allow state-licensed foster and adoption agencies to claim religious exemptions from civil rights laws and reject otherwise qualified LGBTQ prospective parents, according to the, an LGBTQ think tank. Another 18 states have no explicit protections for LGBTQ applicants in the foster and adoption system.
In 2019, Maloney, a married gay father of three, sponsored the Every Child Deserves a Family Act, which would prohibit child welfare agencies receiving federal aid from turning away potential families on the basis of religion, sex, sexual orientation, gender identity or marital status. The high court could knock Fulton v. City of Philadelphia back down to the District Court to determine whether there was religious animosity, said Currey Cook, senior counsel at Lambda Legal and director of the organization's Youth in Out-of-Home-Care project. It could also rule narrowly in CSS’ favor, forcing Philadelphia to change its foster care policies.
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