Thread by @BECKETlaw

THREAD: All about today’s argument in #Fulton v. Philadelphia. Both the Justices and the parties agreed that Catholic Social Services, Sharonell Fulton, and Toni Simms-Busch do vital work to protect needy kids in Philadelphia. #FreeToFoster #fultonvphiladelphia (1/13)

By contrast, the Justices repeatedly worried that city officials were going out of their way to manufacture an unnecessary fight, taking a position that will hurt kids in foster care and shut down CSS’s 200-year-old ministry. (2/13) #fultonvphiladelphia

For instance, Justice Breyer said that it was “bothering me a lot” that “no family has ever been turned down by this agency—indeed has never applied,” but city officials still tried to shut Catholic Social Services down. (3/13) #SCOTUS #Fulton

Justice Kagan worried about the City’s double standard and suggested that the city officials “can’t get out of it so easily.” And Justice Sotomayor asked the city officials to “suggest” a “compromise in this case” that could have avoided this conflict. (4/13) #SCOTUS

Justice Kavanaugh worried that instead of looking for a sensible solution, the City took an “absolutist and extreme” position, “creat[ing] this clash” even though—again—“no same-sex couple has ever come to Catholic Social Services” or been denied by them. (5/13) #SCOTUS

Part of the problem is that the current Free Exercise law under #Smith incentivizes city officials to justify burdening religious beliefs under the flimsiest of justifications. And it would result in Free Exercise protections shrinking whenever government expands. (6/13)

And the Justices were right to be concerned. Catholic Social Services, Sharonell, and Toni serve all children in need, regardless of race, sex, or sexual orientation. And CSS has been doing it for 200 years. (7/13) #Fulton @FreeToFoster

The real discrimination here was against Catholic women like Sharonell. (8/13) #Fulton #fultonvphiladelphia #FreeToFoster

Justice Alito emphasized this point: “If we are honest about what’s really going on here… [i]t’s the City can’t stand the message that Catholic Social Services and the Archdiocese are sending by continuing to adhere to the old-fashioned view about marriage.” (9/13) #SCOTUS

As the United States pointed out, the City’s discrimination is self-defeating: “What the city has done is worse than cutting off its nose to spite its face. What it is doing is cutting off homes from the most vulnerable children in the city to spite the Catholic Church.” (10/13)

And in response to questions from Justices Gorsuch, Kavanaugh, and Barrett, the ACLU’s attorneys acknowledged their arguments could allow government officials to take over religious hospitals and then force them to perform abortions. (11/13) #SCOTUS

Those stakes are high enough. But the biggest harm is to the kids here. Because of the city officials’ discrimination, CSS has empty homes today while over 250 kids in Philly need loving homes. (12/13) #FreeToFoster #fultonvphiladelphia

.@LoriWindham1 concluded with: “Our pluralistic society is at its best when it has a Free Exercise Clause that protects free exercise, not just of those who agree with the city officials in charge.” It’s also in the best interest of foster children. #FreeToFoster #Fulton