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: These Moms Work as Doctors and Scientists. But They’ve Also Taken On Another Job: Fighting COVID-19 Misinformation Online

https://ift.tt/3tT3UwO Last March, friends and neighbors began stopping Emily Smith in her town outside of Waco, Texas, with questions about the coronavirus. An epidemiologist at Baylor University, Smith knows all too well how viruses are transmitted. But as the wife of a pastor and as a woman of faith, she also holds a trusted position in her community, and she would speak to those who asked about why she personally thought social distancing was a moral choice. As the weeks wore on, the questions kept coming: “What does flatten the curve mean?” “Is it safe for my child to kick a soccer ball outside with a friend?” So she started a Facebook page and called herself the Friendly Neighbor Epidemiologist. She adopted “Love thy neighbor” as the page’s credo. Smith wrote from the perspective of a scientist but also a wife and mother. She recently explained, for example, why churches should still continue to refrain from holding in-person services even though Texas has lifted i...

Enhancing Safety on Franklin Street

Enhancing Safety on Franklin Street By Mark Dreger We're excited to share an update on the Franklin Street Quick-Build Project, an effort to enhance traffic safety on Franklin Street between Broadway and Lombard Streets. This roadway stretch was the site of 38 collisions between 2017 and 2021, including the tragic loss of a Sherman Elementary School paraeducator in November 2021. Our data-driven approach focuses on several key safety improvements, and we are ready to share the evaluation results and the next steps to bring further safety changes to Franklin Street.  The project includes the implementation of a suite of safety measures focused on the intersections where neighborhood stakeholders expressed most concerns during the outreach process.  Painted safety zones (PSZs) have been installed to increase pedestrian visibility at crosswalks by keeping the corners of intersections clear. Slow-turn wedges have been added to encourage drivers to turn at safer speeds...

Gene Henderson: Honoring Muni’s First Black Division Manager

Gene Henderson: Honoring Muni’s First Black Division Manager By Jeremy Menzies In recognition of Black History Month, we bring you the story of Gene Henderson, the first Black man to become the head of a Muni bus division, Muni’s Kirkland Division. Henderson’s Background Gene Henderson was born in Houston, Texas, in 1916. He married his wife Naomi in 1939 and then served in the U.S. Army during World War II. Following the war, Gene and his family moved to San Francisco where he began his career at the San Francisco Municipal Railway. Early Career On February 1, 1946, Henderson was hired as a streetcar motorman out of Sutro Division, which was located on the corner of 32nd Ave. and Clement St. He was hired just five years after Muni’s first Black transit operator, Audley Cole, had successfully fought to integrate the carmen’s union in 1941. In his early days at Muni, Gene worked one of the three lines running out of Sutro Division from the Ferry Building to the Richmond District o...

New top story from Time: Who’s Ariarne Titmus? The Australian Swimmer’s Rivalry With Katie Ledecky Has Captivated Olympics Fans

https://ift.tt/3fdGe1v Before this week, many people knew Katie Ledecky as one of the most dominant names in swimming for the last decade. So they might have been surprised by the success of Australia’s 20-year-old Ariarne Titmus during the 2020 Tokyo Olympics, who has now bested Ledecky twice to snatch gold medals. In Tokyo, Titmus’ rivalry with Ledecky has been one of the most captivating parts of the Tokyo swimming program. The rivalry between the two star swimmers dates back to the 2019 world championship, when Titmus became the first woman to beat Ledecky at the international level. They’ll have one more chance to race in Tokyo, this time in the 800-m freestyle on July 31. She isn’t the favorite this time, however. Ledecky is undefeated in the 800 m, holding the fastest 24 times in the event’s history as well as the world and Olympic records, which she set during her winning race at the 2016 Rio de Janeiro Olympics . [time-brightcove not-tgx=”true”] Titmus, who gre...

New top story from Time: The Fight for a $15 Minimum Wage Is Our Selma 

https://ift.tt/37oF2Ez After the public lynching of George Floyd last summer, his cry of “I can’t breathe” galvanized a movement for Black lives that won majority support among Americans . Floyd wasn’t the only one gasping for breath. While Americans watched a police officer choke the life out of Floyd, we also witnessed Black Americans contracting a deadly respiratory disease at three times the rate of our white neighbors , according to an August report from the National Urban League. The growing public consensus that we as a nation must address systemic racism has led to serious soul-searching in families, churches, universities, corporations and political life. But just as the Selma campaign became a symbol during the civil rights movement of the need for legislation to expand voting rights, the $15 an hour minimum wage proposal in Joe Biden’s American Rescue Plan represents the possibility that our government can take decisive action to make racial justice real tod...

New top story from Time: U.S. to Share 60 Million Doses of AstraZeneca Vaccines Amid Global COVID-19 Surge

https://ift.tt/3gDXEpp The U.S. announced Monday it would share its entire supply of AstraZeneca’s Covid-19 vaccine with other countries and readied an aid package for India, as President Joe Biden pivots to ramp up U.S. pandemic assistance to the rest of the world. The decision would make as many as 60 million vaccine doses available for export in coming months, if they clear a federal safety review. The plan represents a shift for Biden, who has hesitated to give vaccine doses and materials to other countries while focusing on ensuring Americans are vaccinated first. “Given the strong portfolio of vaccines that the United States has already authorized and that is available in large quantities — including two two-dose vaccines and one one-dose vaccine — and given AstraZeneca is not authorized for use in the United States , we do not need to use AstraZeneca in our fight against Covid over the next few months,” White House Press Secretary Jen Psaki told reporters on Monday. ...

FOX NEWS: Olympic gymnasts sound off on the evolving leotard: 'Power and prestige goes with those leos' The world may have grown accustomed to seeing Olympic gymnasts wearing leotards as they compete for the highest honor in the sport, but these garments haven’t always been the first pick for women.

Olympic gymnasts sound off on the evolving leotard: 'Power and prestige goes with those leos' The world may have grown accustomed to seeing Olympic gymnasts wearing leotards as they compete for the highest honor in the sport, but these garments haven’t always been the first pick for women. via FOX NEWS https://ift.tt/3BQEKE3

New top story from Time: Joe Biden Proved a Press Conference Doesn’t Have to Be a Spectacle

https://ift.tt/39jwsb1 This article is part of the The DC Brief, TIME’s politics newsletter. Sign up here to get stories like this sent to your inbox every weekday. There were no stunts or name calling. “Fake News” was never hurled around, nor were personal insults the flavor of the day. The closest thing we got to a cliff-hanger at President Joe Biden’s first full press conference on Thursday was that he would have more details about his infrastructure plans when he visits Pittsburgh. The most glaring error of fact was on that last point: Biden said he’d be traveling to Pittsburgh on Friday when the White House had it on the schedule for Wednesday. It was, to be plain, a complete 180 from what we collectively weathered for the four years when President Donald Trump would turn the East Room of the White House into a studio set for a fact-challenged reality show. Gone were the pettiness and self-victimhood , the attempts to divide Americans and nurse grievances. Even...

New top story from Time: Watch TIME’s Exclusive Footage of NASA’s Most Powerful Rocket Ever Under Construction

https://ift.tt/3xqnVOf Rockets are built slowly—slowly and exceedingly carefully—which is in keeping with giant machines on which humans stake their lives and nations stake their prestige. In NASA’s cavernous Vehicle Assembly Building at Cape Canaveral, America’s next great moon rocket—the Space Launch System (SLS)—is being constructed with all that in mind. It is here too that TIME set up half a dozen cameras over the course of two months, capturing 3 million images for a time-lapse video that makes it possible to compress those months of work into just a few kinetic minutes. Under the eyes of the cameras, the rocket’s twin solid-fuel boosters came together—each of them 177 feet tall, weighing 1.6 million pounds and generating 3.6 million pounds (1.6 million kg) of thrust. Twenty-five percent taller than the solid boosters on the space shuttle, the twin engines are made of five separate segments, compared to the shuttle’s four. When they are completed, they will be attached ...

New top story from Time: This Is Who Will Replace Simone Biles in the Olympic Gymnastics All-Around Final

https://ift.tt/3zENvyY When Simone Biles withdrew from the gymnastics team event at the Tokyo Summer Olympic Games on July 27, her teammates and coaches scrambled to fill in for her on the spot, since Biles made the sudden decision after the competition had started. Sunisa Lee and Jordan Chiles stepped in and both pulled off impressive routines with little notice — and no warm up time — to help the US women earn silver . Biles announced a day later that she is also withdrawing from the all-around event, the marquee competition for women’s gymnastics. Biles is the reigning Olympic all-around champion, but won’t be defending her title after admitting to struggling mentally with the pressures of competing in Tokyo. [time-brightcove not-tgx=”true”] Who will replace her? It’s not just a matter of swapping in a teammate. Biles was the top qualifier, and only the gymnasts with the top 24 scores from the qualifying round are eligible for the all-around. In addition, in order to g...