Supreme Court Upholds Religious Freedom in Case Pitting Catholic Adoption and Homosexual Rights

Within a narrow interpretation the Supreme Court upheld the right of religious organizations to refuse to allow homosexuals to adopt or foster children.  The decision was unopposed but was narrowly worded to let stand underlying law that still threatens the 1st Amendment rights of religious freedom.

“Although Roberts handed a win to Catholic Social Services, he slapped down a push from fellow conservatives to use the case to overturn Employment Division v. Smith, a landmark 1990 case in which the court found that laws that are generally applicable do not violate the First Amendment. That decision has been increasingly called into question as a number of states pass laws raising conflicts between religious and gay rights interests. Roberts wrote that Smith did not apply here because Philadelphia’s policy was not neutral.

Several justices said they wanted to revisit Smith. In her concurrence, Barrett wrote that she had found “compelling” reasons to overturn Smith. Still, she added, that since the case did not apply here, she joined the court’s opinion in full. Alito also attacked Smith in a 77-page opinion, writing that the case is “ripe for reexamination.”

Alito added that CSS’s victory can be easily undone as long as Smith stands.

“This decision might as well be written on the dissolving paper sold in magic shops,” Alito wrote of Roberts’s opinion.”

Well, even a small win is till a win.  But with the Roberts court there’s never really asense that much progress is made.  Basically he is progressive in sheep’s clothing.

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