Board of Education v Pico - amazonia.fiocruz.br

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Board of Education v. Pico

The specific case deals with religious-backed foster care agency that were denied a new contract by the city of Philadelphia for their refusal to provide service to married same-sex couples on the basis of religious grounds. The case is expected to revisit the Supreme Court's prior decision in Employment Division v. Smithwhich had previously ruled that neutral laws of general applicability could not be challenged for violating religious exemptions. The foster care agency had been registered with the city Board of Education v Pico through The Philadelphia Inquirer ran an article on March 13,which described the experience of a same-sex couple that went to an information session Charter Bethany Christian Service, Boarx operated its own foster care service separate from CSS.

At the session, the couple were told they would be wasting time because there was a policy for refusing to serve same-sex couples.

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In following up, the reporter discovered that CSS held a similar policy, and had spoken to the city's Department of Human Services, which oversaw regulating foster care services, to notify Board of Education v Pico of these issues. Figueroa also reviewed the standard with other registered foster care agencies for the city, many also Boarx were also run by religious organizations, but found none of the others had similar restrictions against same-sex couples. Within a few days of the article's publication, the city suspended CSS's contract; the Bethany Christian Service had been able to work a deal to accept foster care from same-sex couples to maintain theirs.

Colorado Civil Rights Commission that they had been subject to hostility from the city based on anti-religious prejudice. The city countered that the precedent set by Employment Division v. Smithalongside that other agencies in the city with similar religious backing accepted same-sex foster couples, supported the city's decision to terminate CSS's contract. The District Court refused to grant a preliminary injunction against the city's contract termination, leading CSS to appeal to the Third Circuit.

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CSS and the foster parents petitioned to the Supreme Court to hear the case, which was certified in February CSS says that for religious reasons it can not vet potential foster parents who are gay couples. Smith that allows the government to enforce neutral and generally applicable laws without having to make exceptions for individual religions.

CSS also contends that even under Smith the Court should find that the faith-based charity had been unfairly targeted by the city, given that the city allows race- and disability-based exceptions within foster-care placements[5] [6] and Smith held that "where the State has in place a system of individual exemptions, it may not refuse to extend that system to cases of 'religious hardship' without compelling reason.

Some members of the Court's conservative members like Justice Amy Coney Barrett didn't reveal Board of Education v Pico positions, while others did.

Justice Breyer and the other two liberal justices Elena Kagan and Sonia Sotomayor seemed to be intrigued by arguments from Philadelphia's attorney Neal Katyal, who stated that the stakes of the case go beyond the current case and includes virtually all government services. This distinction is crucial, for "it could determine the outcome and allow the court to avoid confronting the vexing intersection of religious Pkco and marriage equality.

From Wikipedia, the free encyclopedia. United States Supreme Court case. Retrieved August 15, City of PhiladelphiaF. The New York Times. Retrieved November 1, Retrieved November 4, Archived from the original on November 16, ]