The way the cause is now deployed drives a perception that conservative Christians, who are tightly linked to Republican politics, will be the beneficiaries of its expansion.
In the legal battle between religious rights and gay rights, religious freedom gained a victory today. The U.S. Supreme Court ruled unanimously that the First Amendment’s religious-freedom protections prevent the city of Philadelphia from refusing to contract with a Catholic foster-care agency that, based on its religious beliefs, does not place foster children with same-sex couples. The decision, Fulton v. City of Philadelphia, is a victory for conservative Christians who have been arguing that the Constitution’s guarantees of religious freedom protect religious organizations and individuals who wish to deny certain services to LGBTQ people.
The Fulton decision is substantial, but it is not the blockbuster outcome that some had expected. In a narrow ruling, the Court determined that Philadelphia’s policies were not neutral toward religion and thus violated the First Amendment’s free-exercise clause. Fulton is in line with the Court’s shift toward a broader interpretation of First Amendment protections, but the Court was divided about the bigger question, specifically whether to expand religious-liberty rights by replacing a 1990 legal precedent, Employment Division v. Smith.