The Trump administration is marking the start of Pride month by moving to restrict same-sex parents from accessing adoption services.
In a brief filed this week, the Department of Justice argues that cities should not be able to protect LGBTQ+ couples from discrimination by religious organizations. The federal government is not a party to the case, and their filing of the brief was entirely voluntary.
The case dates back to March of 2018, when the City of Philadelphia told one of their contractors that they must abide by nondiscrimination policies. Philadelphia had hired Catholic Social Services to provide foster care for children in need, but the organization was refusing to place children in homes with same-sex parents. That violated a contract the organization had signed with the city, and so Philadelphia said that they would be terminating the contract. In response, CSS sued.
So far, two courts have denied an injunction on behalf of CSS, which is being represented by the anti-LGBTQ+ group The Becket Fund. Becket has sought to block LGBTQ parents from adopting in other states, and campaign in favor of Proposition 8 in California. In addition to participating in the Hobby Lobby case several years ago, Becket also represents employers who wish to block workers from accessing reproductive care. They are funded by a variety of sources, including the Koch brothers. The Philadelphia case is now pending before the U.S. Supreme Court.
The DOJ’s brief claims that “The City impermissibly targeted religious organizations … the city focused only on religious agencies, making just a single inquiry to a secular foster-care agency. … City officials made no effort to determine whether other secular agencies perform home studies for everyone who requests them.”
The brief also claims that the city ending its contract constitutes “hostility toward religion.”
The ACLU has warned that if the Supreme Court rules against the city of Philadelphia, it could endanger nondiscrimination protections nationwide — and not just on the basis of sexual orientation and gender identity, but for any group that a religious organization wishes to discriminate against. The ACLU’s reply brief in the case is is due by August 13.
Meanwhile, the Supreme Court could issue a ruling this month in a suite of cases relating to LGBTQ equality. The cases Zarda v. Altitude Express, Harris Funeral Homes v. EEOC and Bostock v. Clayton County could determine whether LGBTQ+ workers are protected by federal nondiscrimination laws in employment. Under the current administration, the Justice Department has argued that employers should be free to fire workers for being gay or trans.
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