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.
“It’s a beautiful day when the highest court in the land protects foster moms and the 200-year-old religious ministry that supports them,” said Lori Windham, senior counsel at Becket. “Taking 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.
“The decision will not affect any foster care programs that do not have the same system for individualized exemptions that were at issue here,” Leslie Cooper, deputy director of the ACLU LGBTQ & HIV Project, said in a statement. “This 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 agency’s religious beliefs rather than the child’s 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.
“While we are disappointed in the specifics of today’s ruling, we are relieved that the court did not allow a broad exemption to nondiscrimination provisions in foster and adoption care,” Duddy-Burke said. “It 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.”
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.“
“Today the Supreme Court held, on narrow, technical grounds, that the City of Philadelphia’s attempt to ensure that Catholic Charities abide by the same non-discrimination provisions applicable to all other city contractors could not withstand Catholic Charities’ religious right to refuse to screen loving same-sex couples to act as foster parents,” Flugman writes. “The Court did not take up Catholic Charities’ 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 Women’s 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 government’s ability to protect their civil rights is hardly in their best interest, and we’re 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.”
U.S. Military/Pentagon
Pentagon gives honorable discharges to 800+ LGBTQ veterans
Admin has committed to remedying harms of anti-LGBTQ military policies
Defense Secretary Lloyd Austin on Tuesday announced the Pentagon has upgraded the paperwork of more than 800 veterans who were discharged other than honorably before discriminatory policies like “Don’t Ask, Don’t Tell” were repealed.
“More than 96 percent of the individuals who were administratively separated under DADT and who served for long enough to receive a merit-based characterization of service now have an honorable characterization of service,” said Christa Specht, director of legal policy at the department’s Office of the Undersecretary of Defense for Personnel and Readiness.
The change will allow veterans to access benefits they had been denied, in areas from health care and college tuition assistance to VA loan programs and some jobs.
Separately, this summer President Joe Biden issued pardons to service members who had been convicted for sodomy before military laws criminalizing same-sex intimacy were lifted.
More than a decade after the repeal of “Don’t Ask, Don’t Tell,” the administration has made a priority of helping LGBTQ veterans who are eligible to upgrade their discharge papers, directing the department to help them overcome bureaucratic barriers and difficult-to-navigate processes.
However, as noted by CBS News, which documented the challenges faced by these former service members in a comprehensive investigation published last year, these efforts are ongoing.
The department is continuing to review cases beyond the 800+ included in Tuesday’s announcement, with an official telling CBS, “We encourage all veterans who believe they have suffered an error or injustice to request a correction to their military records.”
National
Detroit teen arrested in fatal stabbing of gay man
Prosecutor says defendant targeted victim from online dating app
A 17-year-old Detroit man has been charged with first-degree murder for the Sept. 24 stabbing death of a 64-year-old gay man that prosecutors say he met through an online dating app.
A statement released by the Wayne County, Mich., Prosecutor’s Office says Ahmed Al-Alikhan allegedly fatally stabbed Howard Brisendine inside Brisendine’s home in Detroit before he allegedly took the victim’s car keys and stole the car.
The statement says police arrived on the scene about 4:04 p.m. on Sept. 29 after receiving a call about a deceased person found in their home. Upon arrival police found Brisentine deceased in his living room suffering from multiple stab wounds, the statement says.
“It is alleged that the defendant targeted the victim on an online dating app because he was a member of the LGBTQ community,” according to the prosecutor’s statement.
“It is further alleged that on Sept. 24, 2024, at the victim’s residence in the 6000 block of Minock Street in Detroit, the defendant stabbed the victim multiple times, fatally injuring him, before taking the victim’s car keys and fleeing the scene in his vehicle,” it says.
It further states that Al-Alikhan was first taken into custody by police in Dearborn, Mich., and later turned over to the Detroit police on Oct. 1. The statement doesn’t say how police learned that Al-Alikhan was the suspected perpetrator.
In addition to first-degree murder, Al-Alikhan has been charged with felony murder and unlawful driving away in an automobile.
“It is hard to fathom a more planned series of events in this case,” prosecutor Kym Worthy said in the statement. “Unfortunately, the set of alleged facts are far too common in the LGBTQ community,” Worthy said. “We will bring justice to Mr. Brisendine. The defendant is 17 years and 11 months old – mere weeks away from being an adult offender under the law.”
She added, “As a result of that and the heinous nature of this crime, we will seek to try him as an adult.”
A spokesperson for the prosecutor’s office said the office has not designated the incident as a hate crime, but said regardless of that designation, a conviction of first-degree murder could result in a sentence of life in prison. The spokesperson, Maria Lewis, said the prosecutor’s office was not initially disclosing the name of the dating app through which the two men met, but said that would be disclosed in court as the case proceeds.
The NBC affiliate station in Detroit, WDIV TV, reported that Brisendine was found deceased by Luis Mandujano, who lives near where Brisendine lived and who owns the Detroit gay bar Gig’s, where Brisendine worked as a doorman. The NBC station report says Mandujano said he went to Brisendine’s house on Sept. 29 after Brisendine did not show up for work and his car was not at his house.
Mandujano, who is organizing a GoFundMe fundraising effort for Brisendine, states in his message on the GoFundMe site that Brisendine worked as a beloved doorman at Gigi’s bar.
“We will do what we can to honor Howard’s life as we put him to rest,” Mandujano states in his GoFundMe message. “He left the material world in a volatile manner at the hand of a monster that took his life for being gay. Let’s not allow hate to win!”
In response to a Facebook message from the Washington Blade, a spokesperson for Gigi’s said the money raised from the GoFundMe effort will be used for Brisendine’s funeral expenses and his “remaining bills.” The spokesperson, who didn’t disclose their name, added, “Any leftover money will be donated to local LGBTQ nonprofit groups to combat hate.”
The GoFundMe site can be accessed here.
The White House
Karine Jean-Pierre becomes Biden’s fourth openly LGBTQ senior adviser
Press secretary’s promotion was reported on Monday
Following White House Press Secretary Karine Jean-Pierre’s promotion to a top role on Monday, four of the 10 officials serving as senior advisers to President Joe Biden are openly LGBTQ.
The other LGBTQ members of the president’s innermost circle are White House Communications Director Ben LaBolt, senior adviser to first lady Jill Biden Anthony Bernal, and White House Director of Political Strategy and Outreach Emmy Ruiz.
Jean-Pierre became the first Black and the first LGBTQ White House press secretary in May 2022. She spoke with the Washington Blade for an exclusive interview last spring, shortly before the two-year anniversary of her appointment to that position.
“Jill and I have known and respected Karine a long time and she will be a strong voice speaking for me and this Administration,” Biden said in 2022 when announcing her as press secretary.
Breaking the news of Jean-Pierre’s promotion on Monday, ABC noted the power and influence of the White House communications and press office, given that LaBolt was appointed in August to succeed Anita Dunn when she left her role as senior adviser to the president.
As press secretary, Jean-Pierre has consistently advocated for the LGBTQ community — pushing back forcefully on anti-LGBTQ legislation and reaffirming the president and vice president’s commitments to expanding rights and protections.
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