Skip to main content

New top story from Time: The Most Powerful Court in the U.S. is About to Decide the Fate of the Most Vulnerable Children

https://ift.tt/34relNF

When child custody cases come before family courts, judges endeavor to base their rulings on the best interests of the child. Overall, the court is less interested in which parent might have the most right to the children than in how best to help the children thrive. The Supreme Court might now be walking a very similar line. It is on the verge of deciding a landmark case that could have a profound impact on the more than 400,000 vulnerable children who find themselves in the U.S. foster care system. Its ruling could also have major implications for LGBTQ rights, religious liberty and nondiscrimination laws across America.
[time-brightcove not-tgx=”true”]

The case, Fulton v. City of Philadelphia, was sparked when the city said it would no longer contract with a faith-based agency, Catholic Social Services (CSS), to provide foster services after a 2018 Philadelphia Inquirer article revealed that it would not certify same-sex couples to be foster parents. (CSS also does not certify unmarried couples.) In response, two foster mothers—Sharonell Fulton and Toni Simms-Busch—and the CSS sued the city, arguing that severing the contract violated their religious freedom. After losing in two lower courts, they petitioned the Supreme Court, which first agreed to hear the case in February 2020.

The landmark 1990 court ruling on Employment Division v. Smith—written by conservative Justice Antonin Scalia—said Americans cannot have exemptions to laws on religious grounds as long as those laws are neutral and generally applicable to everybody. Anti-discrimination laws have long been thought of as meeting that standard, says NeJamie. But the Fulton plaintiffs are arguing that the city’s anti-discrimination law is neither neutral nor equally applicable, and are asking the court to re-examine Smith. Such a reconsideration would send shockwaves through the religious and civil rights communities.

Read more: Black Families Are Outraged About Family Separation Within the U.S. It’s Time to Listen to Them

The question of who gets to be a parent is not something the Supreme Court often weighs in on, but this case is in part about the tricky legal territory in which many states find themselves: Same-sex marriage has been legal nationwide for nearly six years, but many religious organizations still regard it as unacceptable and are therefore unwilling to place children in LGBTQ homes. Some 11 states have introduced workaround local laws that allow faith-based organizations to decline to work with same sex couples, but that leaves those states open to lawsuits from civil liberties groups. Cities and states that do not allow this religious exemption are also left open to being sued, as Philadelphia has been, on religious liberty grounds. Ten states filed an amicus brief asking the court to consider the case.

The decision is made all the more fraught by the overburdened state of the foster care system in the United States, which is tasked with making sure children have a healthy and safe place to live in times of crisis, and regularly fails. When a family is in crisis or a home is deemed unsafe, children are put in the care of the state, who then contracts with an agency to find a temporary home. Often, these children are deeply traumatized. There are never enough foster families for the number of kids who need them—U.S. child-protection authorities get about 4 million calls a year—and some parents have dozens, if not hundreds, of children come through their care over the years. In the wake of the pandemic, the situation has grown even more dire.

It is no small feat to find enough potential foster parents and to give them enough support while a child is in their home. In order to make sure that children are placed in an appropriate environment, prospective foster parents must be certified via a series of interviews, training sessions, background checks and visits by social workers to make sure they are capable of handling a traumatized child. Once agencies have recruited, trained and certified parents, they can place the children sent to them by the local authorities.

When it was discovered that CSS would not certify same-sex parents, the City of Philadelphia simply stopped directing any children to them. CSS has said it will shut down rather than violate its beliefs about marriage. And Fulton and Simms-Busch, the mothers who are plaintiffs, claim it was their Catholic faith that inspired them to be foster mothers. Fulton has fostered 40 children; Simms-Bush was a social worker in the Philadelphia foster care system before fostering and adopting children.

Read more: The Supreme Court Tries to Settle the Religious Liberty Culture War

Both sides have marshaled data that they believe undergirds their case. CSS, represented by the conservative law firm Becket Law, points out that faith-based groups have long been crucial to the foster care system and have deep history and experience in this difficult work. In Massachusetts and Illinois, according to figures provided by Becket, the number of available foster homes dropped by 7,000 in the six years after those states required all agencies to work with same sex couples—and many of the Christian agencies closed. One faith-based group alone is responsible for providing half of all foster homes in Arkansas. A study in the Journal of Sociology and Social Welfare found that parents recruited through church or religious organizations foster 2.6 years longer than other foster parents, and another by the religious group Barna found in 2013 that 3% of practicing Christians fostered a child and 5% had adopted.

But Douglas NeJaime, a professor of law at Yale Law School points to data from UCLA’s Williams Institute (where he was a fellow) that finds same-sex couples also represent a significant portion of the foster community. About 3% of same-sex couples are raising a foster child and more than 21% are raising an adopted child, making them seven times more likely than different-sex couples to be raising an adopted child.

Civil liberties groups point to the high number of foster children who also identify as LBGTQ, and argue that they need supportive homes. “I do think this is a particularly poignant setting in which this case is arising, because adoption and foster care has been so critical to LGBT kids and LGBT parents,” NeJaime says. (Catholic Social Services responds that it has served and will serve all children, regardless of their sexual orientation.)

Read more: How Foster Families Are Stepping Up to House Unaccompanied Children Arriving at the U.S.-Mexico Border

Lori Windham, the lawyer representing CSS, wants to focus the issue quite narrowly: “The question is whether Philadelphia can exclude longtime foster moms and the religious agency they partner with because of their religious beliefs,” she says, and points to the 200-year history of the Catholic Church working in Philadelphia with children who had lost parents. “We’re talking about trying to take away an important support for foster parents and their children.”

Asked why CSS should be able to ignore laws that apply to everyone else, Windham says that such regulations are routinely ignored in other circumstances. “The city acknowledges that it considers factors like race and disability when it’s making foster care placements, something that’s prohibited by the law.”

But the American Civil Liberties Union (ACLU), which represents social service organizations that joined the case in support of the city, says decisions about where to place a child are a totally separate part of the process from the initial recruiting and certifying of prospective parent—and that the city does not consider race or disability when finding and screening families.

“Essentially [CSS is] claiming that there is a right to opt out of non-discrimination requirements that conflict with your religious beliefs,” says Leslie Cooper, the deputy director of the ACLU’s LGBTQ & HIV Project. “So the implications, if that argument is accepted, are vast, because it would upend civil rights protections as we know them.”

Experts opined that the court, which now has six conservative justices, seemed to be leaning towards granting the plaintiff’s side during oral arguments on Nov. 4, 2020, especially given the numerous rulings released this term striking down COVID-19 restrictions in the name of religious liberty. But it’s anyone’s guess how broadly they might rule. At minimum, a decision in CSS’s favor could have huge implications for LGBTQ couples’ ability to foster and adopt children, especially in more rural parts of the country that are only served by faith-based agencies. Cooper, of the ACLU, argues it could allow faith-based agencies to decline to certify people of different religions.

Read more: 9 Landmark Supreme Court Cases That Have Shaped LGBTQ Rights in America

In the extreme, a broad ruling that favors CSS could allow other private entities that provide taxpayer-funded government services—like food banks or homeless shelters—to also deny services on religious grounds, says Adam Winkler, a professor at the University of California, Los Angeles School of Law. That could mean turning away LGBTQ people, but also those of other faiths, or even of other races, he says. (Windham argues that CSS would redirect same-sex couples them to another of the 30 foster agencies in the Philadelphia area, but has never been approached by any.)

According to an old biblical story, when two mothers came to King Solomon each claiming that a baby was theirs, he ordered that the baby should be cut in half and each mother given a piece. (The real mother, of course, was the one who said she’d rather the other woman got the baby.) The justices face a similar issue. If they rule in favor of the Catholic foster mothers and CSS, they risk impinging on the rights of LGBTQ Americans—and possibly others—not just among foster agencies, but in any government-sponsored program. If they rule in favor of the City of Philadelphia and more faith-based agencies choose to shut down, they risk losing foster homes.

A third way out of the conundrum has been offered by Bethany Christian Services, one of the largest foster care agencies in the U.S. Bethany Christian Services was initially a party to the lawsuit with CSS, but in March of 2021 reversed its position and announced it would start to work with same-sex couples who wished to foster and eventually adopt children. The blowback from the Christian community was fierce, but Chris Palusky, CEO of Bethany, framed the decision as a Christian duty. “We faced a choice: continue caring for hurting children who need a safe family, or close our foster care program completely because we disagree with government requirements,” he wrote in an essay defending the agency’s actions. “Bethany will not walk away from children who need us.”

Comments

Popular posts from this blog

New top story from Time: The ‘Badass Chief of Staff’ of Turkey’s Opposition Faces Years in Jail After Challenging Erdogan’s Power. She’s Not Backing Down

https://ift.tt/2ZKUTZP Snow brings back memories for Dr. Canan Kaftancioglu. Of recess snowball fights in the Black Sea village where she grew up, of warming her hands at her elementary school’s stove before class — and of discovering a poem by Turkish writer Ataol Behramoglu, a favorite of a beloved uncle who would bring left-wing newspapers to her childhood home and discuss the articles inside. “It is about how the snow brings equality between people,” Kaftancioglu says of the poem. “In the snow, we build a new, more equal world.” The Turkish politician is speaking through an interpreter at her friends’ apartment in Istanbul’s Beyoglu district, seated in an armchair with a beige and brown-spotted dog curled up beside her. In a matter of days or weeks but likely not months, Kaftancioglu expects she will be taken to jail. For now, she’d rather focus on her work: the poverty rate is increasing, and people in her city are suffering. Kaftancioglu represents something unfamil...

New top story from Time: How Spirited Away Changed Animation Forever

https://ift.tt/3xVoGP5 Twenty years ago, on July 20, 2001, a film that would become one of the most celebrated animated movies of all time hit theaters in Japan. Directed by Hayao Miyazaki and produced by Studio Ghibli, Sen to Chihiro no Kamikakushi, titled Spirited Away in English, would leave an indelible mark on animation in the 21st century. The movie arrived at a time when animation was widely perceived as a genre solely for children, and when cultural differences often became barriers to the global distribution of animated works. Spirited Away shattered preconceived notions about the art form and also proved that, as a film created in Japanese with elements of Japanese folklore central to its core, it could resonate deeply with audiences around the world. [time-brightcove not-tgx=”true”] The story follows an ordinary 10-year-old girl, Chihiro, as she arrives at a deserted theme park that turns out to be a realm of gods and spirits. After an overeating incident ...

New top story from Time: The Documentary Final Account Is a Rare Trove of Unfiltered Interviews With Former Nazis—Too Unfiltered, Some Historians Say

https://ift.tt/3u2CDYI In 2008, documentary filmmaker Luke Holland was looking for a sense of closure. His Viennese maternal grandparents had perished in the Holocaust and, more than six decades later, he wanted to better understand what had happened. So he decided to ask the people who would know: SS members , Wehrmacht fighters, concentration-camp guards and civilian witnesses. “ At first, I embarked on a project with the completely improbable aim of trying to find the people who had killed [my grandparents]. It was quickly clear that I was not going to achieve that,” Holland wrote in a statement about the project. “But I realized I could actually meet their peers. I could meet people who had also raised their arms and their guns for Hitler , people who had committed atrocious crimes. And maybe through them, I might better understand the context in which the Holocaust played out in the heart of a supposedly civilized Europe.” Holland did more than 250 interviews, bu...

New top story from Time: Keeping Up with the Kardashians Is Ending. But Their Exploitation of Black Women’s Aesthetics Continues

https://ift.tt/3gahnMY The inaugural episode of Keeping Up with the Kardashians , which debuted on E! in 2007, begins with an irreverent domestic scene. Kim Kardashian , the undisputed protagonist of the show, rummages through the fridge as she’s teased by her family for the size of her posterior. “I think she’s got a little junk in her trunk,” says Kris Jenner, the family’s matriarch and “momager.” She calls her daughter’s butt “jiggly,” as Kim’s sister Khloé Kardashian chimes in from the kitchen table, “Kim’s always had an ass.” [time-brightcove not-tgx=”true”] That the opener of the watershed reality show—which ends June 10 after 20 seasons—centered on the family’s fixation on Kim’s rear foreshadowed the now-ubiquitous public obsession with her body, and particularly that specific feature of it. This outsize fascination was perhaps best embodied by her controversial 2014 Paper magazine cover, shot by Jean-Paul Goude, where her bare bottom is flanked by the line, “Br...

New top story from Time: City Heat is Worse if You’re Not Rich or White. The World’s First Heat Officer Wants to Change That

https://ift.tt/2Us9kTo Jane Gilbert knows she doesn’t get the worst of the sticky heat and humidity that stifles Miami each summer. She lives in Morningside, a coastal suburb of historically preserved art deco and Mediterranean-style single-family homes. Abundant trees shade the streets and a bay breeze cools residents when they leave their air conditioned cars and homes. “I live in a place of privilege and it’s a beautiful area,” says Gilbert, 58, over Zoom in early June, shortly after beginning her job as the world’s first chief heat officer, in Miami Dade county. “But you don’t have to go far to see the disparity.” [time-brightcove not-tgx=”true”] A mile or two inland, in lower income, mostly Black and Latino neighborhoods like Little Haiti, Little Havana and Liberty City, tree cover can be as little as 10%, compared to around 40% in upscale coastal areas, according to Gilbert. Residents wait for buses on unshaded benches. Many can’t afford to buy or run an AC unit. “You ...

New top story from Time: ‘Most Heinous Attack.’ Merrick Garland Pledges to Take on Domestic Terrorism as Attorney General

https://ift.tt/3dGuLHC As the federal government continues to grapple with the fallout of the deadly attack on the U.S. Capitol Building by pro-Trump rioters on Jan. 6, the Biden Administration has remained close-lipped about how it plans to confront the rising threat of domestic terrorism. This week, Americans got a first look into how that effort may unfold with the testimony of Merrick Garland, the nominee to be the next attorney general. In his testimony before the Senate Judiciary Committee on Monday and Tuesday, Garland declared that investigating the Capitol insurrection was his “first priority” and promised to “do everything in the power of the Justice Department” to stop domestic terrorism. He also warned that the events of Jan. 6 were not a “one-off,” and that the U.S. is facing “a more dangerous period” than any in recent memory. Garland would know. More than 25 years ago, he led the Justice Department’s prosecution of the perpetrators of the 1995 Oklahoma Cit...

FOX NEWS: Man modeled ex-fiancée's wedding dress to try and sell it: Video Sometimes you’ve got to do a little more to snag that sale.

Man modeled ex-fiancée's wedding dress to try and sell it: Video Sometimes you’ve got to do a little more to snag that sale. via FOX NEWS https://ift.tt/3iwCTgo

New top story from Time: We’re in the Third Quarter of the Pandemic. Antarctic Researchers, Mars Simulation Scientists and Navy Submarine Officers Have Advice For How to Get Through It

https://ift.tt/2MtohAV McMurdo Station, an Antarctic research base 2,415 miles south of Christchurch, New Zealand, is a strange place to ride out the COVID-19 pandemic. But it’s been a home of sorts for Pedro Salom since he took a dishwashing job there in 2001, when he was 24. Now an assistant area manager with more than a dozen Antarctic deployments behind him, Salom has grown accustomed to the ebb and flow of life on the ice. There’s the surge of excitement when new arrivals join the camp, the feeling of isolation from the rest of the world when earth and sea disappear in the endless night from April to August; and the joy when the sun finally appears behind the mountains once again. He’s also been around long enough to know that, as people reach the end of their deployments, many begin to struggle—whether they’ve been at McMurdo for over a year, or even just a few months. “One of the things I look for is dramatic changes in people’s habits,” says Salom. “If somebody has...

New top story from Time: China Says It Will Provide COVID-19 Vaccines to Almost 40 African States

https://ift.tt/3f34nYP BEIJING — China said Thursday it is providing COVID-19 vaccines to nearly 40 African countries, describing its actions as purely altruistic in an apparent intensification of what has been described as “vaccine diplomacy.” The vaccines were donated or sold at “favorable prices,” Foreign Ministry official Wu Peng told reporters. Wu compared China’s outreach to the actions of “some countries that have said they have to wait for their own people to finish the vaccination before they could supply the vaccines to foreign countries,” in an apparent dig at the United States. “We believe that it is, of course, necessary to ensure that the Chinese people get vaccinated as soon as possible, but for other countries in need, we also try our best to provide vaccine help,” said Wu, who is director of the ministry’s Africa department. While the U.S. has been accused by some of hoarding vaccines, President Joe Biden on Monday pledged to share an additional 20 mi...

FOX NEWS: Alligator invades Florida post office This gator needs to say later to the post office.

Alligator invades Florida post office This gator needs to say later to the post office. via FOX NEWS https://ift.tt/3gdiGdY