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: How a Belarusian Teacher and Stay-at-Home Mom Came to Lead a National Revolt

https://ift.tt/3bD4WG2 On a hot summer day last August, Svetlana Tikhanovskaya was pacing up and down her empty apartment in Minsk, the capital of Belarus in Central Europe, her life—and her country—in turmoil. With her husband in jail, she had sent her two small children out of the country, to safety, and she now faced a stark choice, bluntly handed to her by the nation’s hard-line security forces: flee into exile herself, or face arrest. “I had a couple of hours, but I could not pack anything, because I was so overstressed,” she recalls. “It was a shock. I was not prepared for this.” Indeed, it is hard to imagine how Tikhanovskaya could have prepared for the jolting transformation of her life. Within the space of a few months, she emerged from obscurity to become the leader of Belarus’ biggest revolt in decades, determined to bring down President Alexander Lukashenko, who has ruled the former Soviet republic with an iron hand for more than 26 years as what many call Euro...

CWC meeting today: Top Congress leaders to finalise schedule for Congress president's election https://ift.tt/364QSmz

The Congress party has convened a meeting of the Congress Working Committee (CWC) today. Top Congress leaders are likely to discuss the farmers' issues and the Covid-19 pandemic. The leaders will also deliberate on the way forward to elect the new party chief. 

'Happy birthday, Jason!' Kylie Minogue shares throwback Neighbours pics Kylie Minogue has shared a series of nostalgic photos of her and her old Neighbours flame Jason Donovan to mark his birthday.

via Entertainment News - Latest Celebrity & Showbiz News | Sky News https://ift.tt/2TZ14a2

New top story from Time: How Are Activists Managing Dissension Within the ‘Defund the Police’ Movement?

https://ift.tt/3qRRGDU In June 2020, the Minneapolis city council announced plans to disband its police department following the killing of George Floyd . The council’s decision came after days of protesting and unrest in the city—and across the country —related to Floyd’s death and calls for larger-scale accountability from law enforcement. Central in many of these calls-for-action was a phrase soon to go global: “defund the police.” Eight months later, however, and the city’s police department has not been dissolved, though a lot has happened in the interim; Minneapolis’ struggle to implement meaningful reforms serves as a microcosm of how the “defund the police” movement has impacted the country. Council members who initially supported the idea have walked back their positions. In August the city charter delayed the council’s proposal to disband the police pending further review, only to reject the proposal entirely in November. ( Instead, there have been some rollback...

New top story from Time: Hunters Kill 20% of Wisconsin’s Wolf Population in Just 3 Days of Hunting Season

https://ift.tt/3kpEd3y (MADISON, Wis.) — Wisconsin hunters and trappers killed nearly double the number of wolves that the state allotted for a weeklong season, and they did it so quickly that officials ended the hunt after less than three days, according to figures released Thursday. Nontribal hunters and trappers registered 216 wolves as of Thursday afternoon, blowing past the state’s kill target of 119. The state Department of Natural Resources estimated before the hunt that there were about 1,000 wolves in the state. Its population goal for the animal is 350. The wolf season began Monday and was supposed to run through Sunday, but the DNR shut it down Wednesday afternoon as it became clear hunters would exceed the target. Hunters and trappers were given a 24-hour grace period, allowing them to remain in the field until Thursday afternoon. Hunters and trappers also exceeded their kill targets in the three previous wolf seasons but never by more than 10 animals. “This ...

New top story from Time: What Learned About Ourselves In the First Year of the Pandemic

https://ift.tt/3dTjNPp A version of this article appeared in this week’s It’s Not Just You newsletter . SUBSCRIBE HERE to have an It’s Not Just You essay delivered to your inbox every Sunday. March is the anteroom of months. It’s both the end of last year’s winter and the beginning of the new year’s spring. It’s half slush, half-quixotic hope. I had my first baby in March–a child that arrived nine days late, already a solid little being with startling almond eyes and the appetite of a toddler. I had no idea what I was doing; we two just hunkered down and tried to figure each other out. I still flounder at the start of every March, for different reasons every year, staggering out of February a soggy, angsty creature whose clothes don’t fit. But somehow, I slip-slide toward the end of the month, and things start to make sense. Maybe the vernal equinox is what helps get us back on track every spring. It’s that moment, usually, on the 20th or 21st of March, wh...

New top story from Time: Queer Nigerians Hoped the Clubhouse App Would Be a Safe Haven. It’s Become Another Breeding Ground for Bigotry

https://ift.tt/3dNJHUt As a queer Nigerian looking to meet others like them, Matthew Blaise joined Clubhouse in December 2020. The networking app was soaring in popularity despite still being in beta mode, and Blaise, who identifies as nonbinary, hoped it could become a place where they could have meaningful conversations with their peers. Much of their work as a rights activist involves curating safe spaces for Nigeria’s LGBTQ+ community, often on social media. Clubhouse allows users to converse using audio rather than video. Moderators and featured speakers discourse on an online stage, and if audience members want to add to the conversation they can raise a virtual hand. In a world socially isolated by the pandemic, the platform has proved a massive hit. Although it currently operates by invitation only, it has garnered more than two million users and its early success has given it a valuation of $1 billion . The app initially served “as a safe haven,” Blaise, 21, te...

New top story from Time: Prosecutor Who Led Michael Cohen Investigation Appointed to Replace U.S. Attorney Berman

https://ift.tt/2AYnYYU (NEW YORK) — A federal prosecutor who held a key role in the case against President Donald Trump’s former personal attorney worked Monday to restore calm to the Manhattan prosecutor’s office, following the abrupt ouster of her predecessor. Audrey Strauss, the newly appointed acting U.S. attorney, sent an email to the staff Saturday night within hours of the announcement by U.S. Attorney Geoffrey S. Berman that he would leave his position and would be replaced by her. The 72-year-old Strauss, a Democrat, will be only the second woman to lead one of the nation’s most premiere districts, home to famous mob trials, terrorism cases and now, probes involving the president’s allies. Her allies say she is a thoughtful, careful lawyer with decades of experience both as a prosecutor and defense attorney. The extraordinary departure of Berman, a Trump donor who won over critics with his investigations, started with Attorney General William Barr’s abrupt annou...

Jason Roy chooses one between Rohit Sharma, David Warner as his opening partner https://ift.tt/3fkBiWu

Rohit Sharma and David Warner are two of the most destructive openers in the limited-overs format. The duo had been reigning the opening spot for their respective sides for years. Both the players continue to be the mainstays for their countries in all the three formats of the game. from IndiaTV: Google News Feed https://ift.tt/2ZjgDNe

New top story from Time: Everything to Know About Demon Slayer: The Manga, TV Series and Record-Breaking Film

https://ift.tt/37FngNx Of all the things 2020 has come to be known for, movie releases breaking box office records wasn’t one of them . But one film defied the odds. Released in Japan on Oct. 16., the animated film Demon Slayer: Kimetsu no Yaiba the Movie: Mugen Train ended a 19-year record held by the Studio Ghibli classic Spirited Away . Hitting $313 million in ticket sales in December, the movie overtook director Hayao Miyazaki’s magnum opus to become the country’s highest-grossing film of all time. In the months since, the film—based on the manga Demon Slayer: Kimetsu no Yaiba by Koyoharu Gotouge —has been announced for release in North American theaters in 2021 and submitted for an Oscar nomination . It has also broken another record previously set by Spirited Away — Mugen Train is now the highest-grossing anime movie in the world. Before the film made headlines for shattering records, the Demon Slayer franchise was already amassing a dedicated global...