In Narrow Ruling, Supreme Court Does Not Give Free Pass To Discriminate In The Name Of Religion

Friend, what happened in the U.S. Supreme Court this morning was far from our worst-case scenario, but it has made the success of our ongoing lawsuits more important than ever.

Please read on for more information or click here to support AU’s legal efforts to fight discrimination – they just became even more crucial to protecting our religious freedom.

The Supreme Court’s unanimous decision in Fulton v. Philadelphia did not provide a sweeping free pass to use religion to discriminate, but sadly decided that Philadelphia had to exempt Catholic Social Services from non-discrimination requirements in its foster care program. As a result, Catholic Social Services can turn away qualified prospective LGBTQ parents.

Here’s the good news: This narrow decision turned on the specific facts of the case. As a result, religious extremists failed – for now – in their quest for a broad ruling allowing their beliefs to trump others’ civil rights.

But here’s the bad news: The decision, though narrow, is part of a dangerous trend. At least three conservative justices on the Supreme Court seem ready to rewrite the First Amendment to grant a broad license to discriminate in the name of religion. They couldn’t today, but they will have plenty more opportunities in the years ahead.

In response to this ruling, Americans United has an even more important role to play in protecting real religious freedom. Our fight in court on behalf of people like Fatma Marouf and Bryn Esplin, a married same-sex couple from Texas, and Aimee Maddonna, a Catholic mom, who were turned away by taxpayer-funded foster care agencies because they didn’t pass the agencies' religious tests, is critical.

Even more now rests on the outcome of AU’s ongoing legal cases. We will be putting as many of our resources behind them as possible.

You can join that urgent effort by making a $50 donation to Americans United here.

We’re still exploring the ramifications of the Supreme Court’s decision. While our lawyers are analyzing the case, I wanted to be sure you heard about it right away. There will be plenty more news to share. Keep an eye out.

Thank you, sincerely, for your generous and enduring support. In these moments when our movement is tested, it’s up to us to lead the defense of church-state separation.

In solidarity,

Rachel K. Laser
President and CEO