National
Supreme Court rules for religious agency seeking to reject LGBTQ families
Unanimous decision bottled up to context of city contract

The U.S. Supreme Court ruled on Thursday in favor of a religious-affiliated foster care agency seeking to refuse child placement into LGBTQ homes, issuing a decision with limited reach that determined the City of Philadelphia’s enforcement of a contract with non-discrimination provisions violates freedom of religion under the First Amendment.
In a surprise twist, the ruling was unanimous with nine justices on the court agreeing to the result in favor of Catholic Social Services, with Chief Justice John Roberts writing the opinion. As noted by SCOTUSblog, the court seemed much more divided in oral arguments, although inclined to rule for the foster care agency.
“The refusal of Philadelphia to contract with CSS for the provision of foster care services unless the agency agrees to certify same-sex couples as foster parents cannot survive strict scrutiny and violates the Free Exercise Clause of the First Amendment,” Roberts writes.
Although Catholic Social Services had also contended a freedom of speech right under the First Amendment to reject same-sex couples, Roberts adds the court didn’t reach a conclusion on that part of the argument.
Becket Law, which had argued in case on behalf of Catholic Social Services, crowed in a statement over its win at the Supreme Court.
āItās a beautiful day when the highest court in the land protects foster moms and the 200-year-old religious ministry that supports them,ā said Lori Windham, senior counsel at Becket. āTaking care of children, especially children who have been neglected and abused is a universal value that spans all ideological divides.
A key portion of the Roberts decision that could limit its reach is language specific to Philadelphia’s contract with the city allowing for discretion on enforcement, which he says means the measure isn’t generally applicable measure.
“Section 3.21 of the contract requires an agency to provide services defined in the contract to prospective foster parents without regard to their sexual orientation,” Roberts writes. “But section 3.21 also permits exceptions to this requirement at the ‘sole discretion’ of the Commissioner. This inclusion of a mechanism for entirely discretionary exceptions renders the non-discrimination provision not generally applicable.”
The American Civil Liberties Union, which had argued before the Supreme Court in the case and sided with the City of Philadelphia, claimed a small victory after the decision.
āThe decision will not affect any foster care programs that do not have the same system for individualized exemptions that were at issue here,āĀ Leslie Cooper, deputy director of theĀ ACLUĀ LGBTQ & HIV Project, said in a statement. āThis is good news for the more than 400,000 children in foster care across the country, who are the ones who get hurt the most if placement decisions are made based on an agencyās religious beliefs rather than the childās best interest. And this decision does not allow discrimination in other taxpayer-funded government programs such as homeless shelters, disaster relief programs and health care.”
Marianne Duddy-Burke, executive director of the LGBTQ Catholic group DignityUSA, initially issued a statement saying the decision opened the door to discrimination against LGBTQ families, but subsequently updated it with a reaction more attune to the decision’s language.
āWhile we are disappointed in the specifics of todayās ruling, we are relieved that the court did not allow a broad exemption to nondiscrimination provisions in foster and adoption care,ā Duddy-Burke said. āIt remains deeply problematic that some religiously affiliated agencies continue to seek the ability to ban same-sex couples from opening their hearts and homes to children in need and undermine our hopes for expanding our families. The biases that lie at the heart of this case need to be eradicated.ā
David Flugman, a lawyer at the New York-based Selendy & Gay PLLC whose practice includes LGBTQ rights, said in a statement the technical nature of the Fulton is “sure to invite even more litigation.“
āToday the Supreme Court held, on narrow, technical grounds, that the City of Philadelphiaās attempt to ensure that Catholic Charities abide by the same non-discrimination provisions applicable to all other city contractors could not withstand Catholic Charitiesā religious right to refuse to screen loving same-sex couples to act as foster parents,” Flugman writes. “The Court did not take up Catholic Charitiesā invitation to scuttle the 30 year-old test for free exercise claims that was announced in Smith v. Employment Division, which held that a neutral law of general applicability could survive even if it burdens religious practice.”
The Supreme Court reversed and remanded decision of the U.S. Third Circuit of Court of Appeals, which had ruled in favor of City of Philadelphia enforcing its contract with Catholic Social Services. Both the appeals courts and the lower trial court had come to the opposite conclusion of the U.S. Supreme Court.
Notably, although the City of Philadelphia in addition to the contract it struck with Catholic Social Services has in a place LGBTQ non-discrimination ordinance, the Supreme Court determines that measure doesn’t apply in the context of foster care services because it’s limited to the services “made available to the public.”
“Certification is not ‘made available to the public’ in the usual sense of the words,” Roberts writes. “Certification as a foster parent is not readily accessible to the public; the process involves a customized and selective assessment that bears little resemblance to staying in a hotel, eating at a restaurant, or riding a bus.”
Fatima Goss Graves, CEO of the National Womenās Law Center, said in a statement the decision from the Supreme Court “is a harmful loss to the children in the foster care system in Philadelphia as well as the countless LGBTQ parents.”
“Weakening the governmentās ability to protect their civil rights is hardly in their best interest, and weāre committed to ensuring this loophole is not stretched to further justify hatred or prejudice,” Graves added. “We must protect the right of every person to live without fear of discrimination because of who they are or who they love, and we must hold that value particularly close when it comes to the best interest of LGBTQ youth and the families who love them.ā
State Department
State Department hosts intersex activists from around the world
Group met with policy makers, health officials, NGOs

The State Department last week hosted five intersex activists from around the world.
Kimberly Zieselman, a prominent intersex activist who advises Jessica Stern, the special U.S. envoy for the promotion of LGBTQ and intersex rights abroad, brought the activists to D.C.
⢠Morgan Carpenter, co-founder and executive director of Intersex Human Rights Australia
⢠Natasha Jiménez, an intersex activist from Costa Rica who is the general coordinator of Mulabi, the Latin American Space for Sexualities and Rights
⢠Julius Kaggwa, founder of the Support Initiative for People with Atypical Sex Development Uganda
⢠Magda Rakita, co-founder and executive director of Fujdacja Interakcja in Poland and co-founder of Interconnected UK
⢠Esan Regmi, co-founder and executive director of the Campaign for Change in Nepal.
Special U.S. Envoy for Global Youth Issues Abby Finkenauer and Assistant Health Secretary Rachel Levine are among the officials with whom the activists met.
Zieselman told the Washington Blade on Sept. 21 the activists offered State Department officials an “intersex 101” overview during a virtual briefing.
More than 60 Save the Children staffers from around the world participated in another virtual briefing. Zieselman noted the activists also met with Stern, U.N. and Organization of American States officials, funders and NGO representatives while in D.C.
“The people we met were genuinely interested,” Rakita told the Blade.
Stern in an exclusive statement to the Blade said “the visiting intersex activists clearly had an impact here at State, sharing their expertise and lived experience highlighting the urgency to end human rights abuses, including those involving harmful medical practices against intersex persons globally.” Andrew Gleason, senior director for gender equality and social justice at Save the Children US, in a LinkedIn post he wrote after attending his organization’s meeting with the activists echoed Stern.
“There are many learnings to recount from todayās discussion, but one thing is clear, this is unequivocally a child rights issue, and one that demands attention and action at the intersection of LGBTQI+ rights, reproductive rights and justice, disability justice and more,” wrote Gleason. “Gratitude to the panelists for sharing such poignant testimonies and providing insights into what organizations like ours can do to contribute to the broader intersex movement; and thank you to Kimberly for your leadership and bringing this group together.”
The activists’ trip to D.C. coincided with efforts to end so-called sex “normalization” surgeries on intersex children.
Greek lawmakers in July passed a law that bans such procedures on children under 15 unless they offer their consent or a court allows them to happen. Doctors who violate the statute face fines and prison.
Germany Iceland, Malta, Portugal and Spain have also enacted laws that seek to protect intersex youth.
A law that grants equal rights and legal recognition to intersex people in Kenya took effect in July 2022. Lawmakers in the Australian Capital Territory earlier this year passed the Variation in Sex Characteristics (Restricted Medical Treatment) Bill 2023.
Intersex Human Rights Australia notes the law implements “mechanisms to regulate non-urgent medical care to encourage child participation in medical decisions, establish groundbreaking oversight mechanisms and provide transparency on medical practices and decision making.” It further points out the statute “will criminalize some deferrable procedures that permanently alter the sex characteristics of children” and provides “funding for necessary psychosocial supports for families and children.”
“It’s amazing,” Carpenter told the Blade when discussing the law and resistance to it. “It’s not perfect. There was some big gaps, but physicians are resisting every step of the way.”
The State Department in April 2022 began to issue passports with an “X” gender marker.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as non-binary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an āXā gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
Federal Government
Federal government prepares for looming shutdown
White House warns of ‘damaging impacts across the country’

However remote they were on Monday, odds of avoiding a government shutdown were narrowed by Thursday evening as House Republicans continued debate over their hyper-partisan appropriations bills that stand no chance of passage by the Upper Chamber.
As lawmakers in the Democratic controlled Senate forged ahead with a bipartisan stop-gap spending measure that House GOP leadership had vowed to reject, the federal government began bracing for operations to grind to a halt on October 1.
This would mean hundreds of thousands of workers are furloughed as more than 100 agencies from the State Department to the Advisory Council on Historic Preservation roll out contingency plans maintained by the White House Office of Management and Budget. On Thursday the Office of Personnel Management sent out memos to all agencies instructing them to ready for a shutdown on Sunday.
Before 1980, operations would continue per usual in cases where Congress failed to break an impasse over spending, as lapses in funding tended to last only a few days before lawmakers brokered a deal.
Since then, the government has shut down more than a dozen times and the duration has tended to become longer and longer.
“Across the United States, local news outlets are reporting on the harmful impacts a potential government shutdown would have on American families,” the White House wrote in a release on Thursday featuring a roundup of reporting on how the public might be affected.
“With just days left before the end of the fiscal year, extreme House Republicans are playing partisan games with peoplesā lives and marching our country toward a government shutdown that would have damaging impacts across the country,” the White House said.
The nature and extent of that damage will depend on factors including how long the impasse lasts, but the Biden-Harris administration has warned of some consequences the American public is likely to face.
Transportation Secretary Pete Buttigieg, for example, warned: āThere is no good time for a government shutdown, but this is a particularly bad time for a government shutdown, especially when it comes to transportation.”
Amid the shortage of air traffic controllers and efforts to modernize aviation technology to mitigate flight delays and cancellations, a government shutdown threatens to “make air travel even worse,” as Business Insider wrote in a headline Thursday.
Democratic lawmakers including California Congresswoman Barbara Lee and Maxine Waters, meanwhile, have sounded the alarm in recent weeks over the consequences for the global fight against AIDS amid the looming expiration, on Oct. 1, of funding for PEPFAR, the Presidentās Emergency Plan for AIDS Relief.
Federal Government
QAnon follower pleads guilty to threatening member of Congress
Conspiracy movement claims Satan-worshipping pedophiles secretly rule the world

A New Mexico man has entered a plea deal after being charged with a federal criminal complaint of making threats through interstate communications directed at a member of Congress.
Federal prosecutors charged Michael David Fox, a resident of DoƱa Ana County, for calling the Houston district office of an unnamed member of Congress on or about May 18, 2023, and uttering threats that included knowingly threatening to kill an active member of Congress.
The plea agreementĀ was brought before U.S. Magistrate Judge Damian L. Martinez of U.S. District Court in New MexicoĀ in the Las Cruces by Foxās attorney from the Federal Public Defenderās Office in August.
According to the criminal complaint as outlined by a Federal Bureau of Investigation criminal investigator for the Albuquerque Field Office, Las Cruces Resident Agency, on May 18 at approximately 9:04 p.m. Fox called the office of a congresswoman for the District of Texas, U.S. House of Representatives (Victim One/”V1ā³), who is from Houston. The call was received by V1’s office.
In the phone call Fox stated āHey [Vl], youāre a man. Itās official. Youāre literally a tranny and a pedophile, and Iām going to put a bullet in your fucking face. You mother fucking satanic cock smoking son of a whore. You understand me you fucker?ā
Law enforcement was able to trace the call back to Las Cruces, N.M., and it was believed that Fox was the user of cell phone account used to make the call. According to the FBI agents who interviewed Fox, he admitted to making the call.
Fox acknowledged that the threat was direct but claimed that he did not own any guns. Fox
claimed to be a member of the Q2 Truth Movement, the Q Movement. Fox explained these
movements believe all over the world there were transgender individuals running
governments, kingdoms and corporations.
Fox told the FBI that there is a plan called āQ the Plan to Save the Worldā which he learned about from an online video. Fox claimed that he believed Q was going to engage in the āeradicationā of the people who were causing all the worldās misery. He believed that part of the eradication had already happened.
Fox explained that he had run Vlās skull features through forensic analysis and determined
that Vl was born male and is now trans. Fox discussed his military service with the
U.S. Air Force, “Q the Plan to Save the World,” and how God communicates using
numbers.
Fox continued to reiterate several different types of conspiracy theories indicating
extreme far right ideologies as his explanation for why he conducted the phone call to
threaten V1.
According to the FBI, Fox rescinded his threat against Vl and apologized. Fox claimed he was not intoxicated or under the influence of drugs when he made the call. Fox stated he understood how Vl would feel threatened by his phone call, and he acknowledged that anyone he knew or cared about would also be concerned with such a threat.
The charge of interstate threatening communications carries a maximum penalty of five years in federal prison.
QAnon began in 2017, when a mysterious figure named āQā started posting on the online message board 4chan, claiming to have inside access to government secrets. Since then, QAnon has grown into a conspiracy movement that claims Satan-worshipping pedophiles secretly rule the world. It is claimed by QAnon adherents that former President Donald Trump is the only person who can defeat them.
Brooklyn, N.Y.-based journalist Ana Valens, a reporter specializing in queer internet culture, online censorship and sex workersā rights noted that Fox appears to be a ātransvestigator.ā Valens noted that the transvestigation conspiracy theory is a fringe movement within QAnon that claims the world is primarily run by trans people. Phrenological analysis is common among transvestigators, with a prominent focus on analyzing celebrities for proof that they are trans.
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