The US Supreme Court, including newly appointed justice Amy Coney Barrett, who is known for her anti-LGBTQ+ comments and actions, has shown sympathy for Catholic Social Services (CSS) in a dispute between the agency and local Philadelphia authorities. Hearings took place on Wednesday 4, when justices heard arguments on whether Philadelphia authorities have the right to enforce a non-discrimination policy for sexual orientation on CSS, which does not work with same-sex foster parents.
According to Reuters, conservative justices were openly sympathetic to CSS, with Brett Kavanaugh accusing Philadelphia of ‘looking for a fight’. It was also argued that the city already allows for other exemptions to its anti-discrimination ordinance when placing foster children with families. This would weaken its argument that foster agencies which signed a city contract, including CSS, were obligated to serve all equally. Even if the court ultimately favours Philadelphia, the CSS wants the justices to make it easier for religious entities to mount legal defences in cases such as this.
Barrett – a proponent of religious rights – questioned both sides, but many are fearful this case will be the beginning of her eroding LGBTQ+ rights on the grounds of ‘religious freedom’. Rachel Laser, CEO of Americans United (a non-profit organisation for the separation of the church and the state), told NBC News: “Barrett has shown that she would allow claims of religious freedom to be misused to harm women, LGBTQ people, religious minorities and the non-religious, among many others.”