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"With today's decision, the Court has usurped the City's judgment that a non-discrimination policy is in the best interests of the children in its care, with disturbing consequences for other government programs and services," she said. In a statement, Philadelphia City Solicitor Diana Cortes called the top court's move a "difficult and disappointing setback for foster care youth and the foster parents who work so hard to support them." Circuit Court of Appeals, which sided with Philadelphia. 19-123, reverses the opinion of the 3rd U.S. The court's decision in the case, Fulton v. I therefore see no reason to decide in this case whether Smith should be overruled, much less what should replace it," Barrett wrote. "And all nine Justices agree that the City cannot satisfy strict scrutiny. "We need not wrestle with these questions in this case, though, because the same standard applies regardless whether Smith stays or goes," Barrett wrote.īarrett said that even before Smith, laws that burdened religious exercise must withstand strict scrutiny - a legal threshold - if they give discretion to government officials to make individualized exemptions. This severe holding is ripe for reexamination," Alito added.Įmployment Division was authored by the late conservative Justice Antonin Scalia.īarrett, in a concurrence joined by Kavanaugh and in part by Breyer, said she found the arguments for overturning Smith persuasive, but added that "There would be a number of issues to work through if Smith were overruled." "Even if a rule serves no important purpose and has a devastating effect on religious freedom, the Constitution, according to Smith, provides no protection.
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"The City has been adamant about pressuring CSS to give in, and if the City wants to get around today's decision, it can simply eliminate the never-used exemption power."Īlito wrote that in Employment Division, the court "abruptly pushed aside nearly 40 years of precedent and held that the First Amendment's Free Exercise Clause tolerates any rule that categorically prohibits or commands specified conduct so long as it does not target religious practice."
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"This decision might as well be written on the dissolving paper sold in magic shops," Alito wrote. Alito wrote that Roberts' narrow reasoning will make the court's action temporary at best. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch agreed with the result of the case but did not sign onto Roberts' reasoning.Īlito, in a concurrence joined by Thomas and Gorsuch, panned the majority's decision not to question the Employment Division case. Roberts' opinion was joined by Justices Stephen Breyer, Sonia Sotomayor, Elena Kagan, Brett Kavanaugh and Amy Coney Barrett. That precedent provides leeway for states and cities to forbid discrimination in various contexts. Smith, which protects neutral and generally applicable laws that burden religion. LGBT rights supporters feared that the top court would use the case to strike down its 1990 precedent, known as Employment Division v. Notably, Roberts' opinion was more narrow than conservative activists were hoping for. "On the facts of this case, however, this interest cannot justify denying CSS an exception for its religious exercise," he wrote.
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"We do not doubt that this interest is a weighty one, for 'ur society has come to the recognition that gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth,'" Roberts wrote, quoting the 2018 case Masterpiece Cakeshop v. Roberts acknowledged that the city had an interest in "the equal treatment of prospective foster parents and foster children." "Once properly narrowed, the City's asserted interests are insufficient," the George W.