The court considered a case about whether it is legal for Philadelphia to exclude a Catholic foster agency from its program because it will not certify same-sex couples
After newly minted Justice Amy Coney Barrett eased into her new job last week with a handful of low-profile cases, the Supreme Court on Wednesday heard its first oral arguments on a hot-button issue since Trump’s third appointee joined the bench.
The justices on Wednesday considered Fulton v. City of Philadelphia, a case about whether Philadelphia can exclude a Catholic group from participating in its foster program because it refuses to certify same-sex couples to be foster parents. The dispute followed the city’s decision to stop referring cases to the group, Catholic Social Services (CSS) and its later non-renewal of CSS’ contract with the city.
Justice Samuel Alito took a highly suspicious view of the city’s stance that it may refuse to let CSS participate in certifying foster families in what it said is a neutral application of its nondiscrimination policies. He accused the city of not being able to abide by the fact CSS advocates a traditional view of marriage.
Barrett also appeared somewhat suspicious of the city’s position but was much more measured in her questions than Alito.
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