June, 17 2021, 12:43pm EDT

Supreme Court Decision Does Not Create a License to Discriminate
Court Issues Narrow Fact-Specific Ruling That Does Not Create a License to Discriminate Based on Religious Beliefs
WASHINGTON
The Supreme Court today ruled in Fulton v. City of Philadelphia that city officials' decision not to renew Catholic Social Services' foster care contract was impermissible because the city's contract contained a mechanism for offering individual discretionary exemptions to agencies, which the court held that the city could not refuse to extend to CSS. The court did not, however, establish a general right for religious organizations to violate non-discrimination laws.
The decision comes in a case involving Catholic Social Services, a taxpayer-funded foster care agency that will not accept same-sex couples in violation of the city's non-discrimination requirement. CSS sued the city, claiming a constitutional right to discriminate against qualified same-sex parent families because CSS has a religious objection to accepting such families.
The Supreme Court did not accept CSS' argument that the Constitution bars the government from enforcing non-discrimination requirements against those with religious objections to complying. In fact, the court recognized that the city's interest in enforcing nondiscrimination protections for same-sex couples was "a weighty one." And it did not accept CSS' invitation to overhaul the court's longstanding free exercise jurisprudence. However, the court held that the city's decision to end CSS' foster care contract was unconstitutional because the contract itself was not generally applicable, where it contained a mechanism for discretionary exemptions from its terms.
"We are relieved that the court did not recognize a license to discriminate based on religious beliefs," said Leslie Cooper, deputy director of the ACLU LGBTQ & HIV Project. "Opponents of LGBTQ equality have been seeking to undo hard-won non-discrimination protections by asking the court to establish a constitutional right to opt out of such laws when discrimination is motivated by religious beliefs. This is the second time in four years that the court has declined to do so. This is good news for LGBTQ people and for everyone who depends on the protections of non-discrimination laws."
"The decision will not affect any foster care programs that do not have the same system for individualized exemptions that were at issue here," Cooper continued. "This is good news for the more than 400,000 children in foster care across the country, who are the ones who get hurt the most if placement decisions are made based on an agency's religious beliefs rather than the child's best interest. And this decision does not allow discrimination in other taxpayer-funded government programs such as homeless shelters, disaster relief programs and health care. Federal, state, and local governments can and should continue to pass and enforce comprehensive nondiscrimination laws. This is critical given the high rates of discrimination experienced by the LGBTQ community, particularly Black and Brown trans women."
"For the families in Philadelphia Family Pride, this case is first and foremost about kids. We work with the City of Philadelphia, private agencies that work with children in our foster care system and LGBTQ parents," said Stephanie Haynes, executive director of Philadelphia Family Pride. "We are relieved that this decision only applies to this specific contract, and hopeful that Philadelphia will be able to address the constitutional concerns the court identified. LGBTQ people are just as qualified to be foster parents as anyone else. There is no reason our families should be turned away from fostering children. In states across the country, many children spend years in a group home before being placed with a foster family, if ever."
More than 1,000 people and organizations joined friend-of-the-court briefs supporting Philadelphia, including all of the major child welfare groups, clergy and religious organizations representing diverse religious communities, former foster youth, and nearly half of the states and dozens of cities and mayors.
"Congress must now listen to an overwhelming majority of voters and pass the Equality Act to update our civil rights laws to ensure explicit protections from discrimination based on sexual orientation and gender identity, including in federally-funded programs," said James Esseks, director of the ACLU LGBTQ & HIV Project. "Even with last year's historic decision recognizing that our federal laws against sex discrimination protect LGBTQ people from discrimination, there are still significant gaps in our federal nondiscrimination laws. In addition to ensuring explicit protections for LGBTQ people, the Equality Act would update our federal civil rights laws to address gaps in the law by providing protection for all women, people of color, and LGBTQ people in areas such as transportation services, retail stores, and taxpayer-funded programs."
The Supreme Court's decision is here: https://www.aclu.org/legal-document/fulton-v-city-philadelphia-supreme-court-decision
More details about this case are here: https://www.aclu.org/cases/fulton-v-city-philadelphia
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
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Muslim Lawmakers Decry 'Vile' Bipartisan Islamophobic Attacks on Zohran Mamdani
The lawmakers asserted that "smears from our colleagues on both sides of the aisle" cannot be allowed to continue.
Jun 27, 2025
All four Muslim members of the U.S. House of Representatives on Friday condemned their colleagues' Islamophobic attacks on Democratic New York City mayoral nominee Zohran Mamdani, which have come not only from Republicans but also from at least two congressional Democrats representing the candidate's home state.
"The vile, anti-Muslim, and racist smears from our colleagues on both sides of the aisle attacking Zohran Mamdani cannot be met with silence," Reps. Rashida Tlaib (D-Mich.), Ilhan Omar (D-Minn.), André Carson (D-Ind.), and Lateefah Simon (D-Calif.) said in a joint statement.
"At a time of increased violence against elected officials, we cannot allow the attacks on Zohran Mamdani to continue."
Mamdani—a democratic socialist who would be the first Muslim mayor of the nation's largest city if he wins November's general election—has come under fire by Republicans including Rep. Andy Ogles of Tennessee, who on Thursday formally appealed to U.S. Attorney Pam Bondi to initiate proceedings to denaturalize and deport "little Muhammad."
Earlier this week, Rep. Nancy Mace (R-S.C.) posted a photo of Mamdani wearing a traditional tunic with the caption, "After 9/11 we said, 'Never Forget.' I think sadly we have forgotten."
As of Friday afternoon, no Democratic member of Congress from New York had explicitly condemned their GOP colleagues' Islamophobic remarks. To the contrary, Sen. Kirsten Gillibrand (D-N.Y.) falsely claimed Thursday that Mamdani had made references to "global jihad" and spuriously asserted that "globalize the intifada"—a call for Palestinian liberation and battling injustice—is a call to "kill all the Jews."
Freshman Rep. Lauren Gillen (D-N.Y.) also falsely accused Mamdani of "a deeply disturbing pattern of unacceptable antisemitic comments."
The four Muslim lawmakers said in their statement that "these hateful, Islamophobic, and racist tropes have become so entrenched and normalized in our politics."
"We know these attacks all too well," they added.
Omar and Tlaib have been on the receiving end of Islamophobic attacks by House colleagues and outside death threats for years, stemming in part from Omar's status as refugee and Tlaib's as the only Palestinian American in Congress.
Like Mamdani, both lawmakers have also been targeted from both sides of the aisle for their support for Palestinian liberation, as well as their opposition to Israel's invasion, occupation, colonization and apartheid in Palestine, and the assault and siege of Gaza that are the subject of an ongoing International Court of Justice genocide case.
Advocacy groups have reported a sharp increase in anti-Muslim and anti-Palestinian hate incidents since the October 7, 2023 Hamas-led assault on Israel, a climate reminiscent of the pervasive Islamophobia following the September 11, 2001 attacks. There has also been a surge in antisemitism as Israeli forces obliterate Gaza, although critics have decried the widespread conflation of opposition to Zionism with hatred of Jewish people by groups including the Anti-Defamation League.
"At a time of increased violence against elected officials, we cannot allow the attacks on Zohran Mamdani to continue," the four lawmakers stressed. "They directly contribute to the ongoing dehumanization and violence against Muslim Americans. We unequivocally reject the normalization of anti-Muslim hate and fearmongering and call on elected leaders across our country to speak out."
Rep. Pramila Jayapal (D-Wash.) also issued a statement Friday condemning the "outpouring of disgraceful, dangerous, racist ideology from sitting members of Congress and [Trump] administration officials following Zohran Mamdani's win in the New York mayoral primary."
Jayapal continued:
The constant displays of Islamophobia are an affront to the millions of Muslim Americans and Muslims around the world. One of the most jarring called for the denaturalization and deportation of Mr. Mamdani, an American citizen who just won a massive Democratic primary with more votes than that member, Mr. Ogles, could ever hope to win. This is an insult to voters in New York City who take democracy seriously.
Denaturalization of U.S. citizens is part of the Trump playbook to attack all legal immigration. It is completely outrageous and flies in the face of the laws of this country.
"The hateful language directed at Mr. Mamdani will get someone killed, and we all should be outraged," Jayapal added. "It must end. Every person who cares about democracy, freedom of religion, and the right for all Americans to be treated equally should speak out immediately against these insane and dangerous attacks."
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Supreme Court Religious Opt-Out Ruling 'Could Wreak Havoc on Public Schools'
The ruling, said Justice Sonia Sotomayor, reflects the right-wing majority's "failure to accept and account for a fundamental truth: LGBTQ people exist."
Jun 27, 2025
A day after many LGBTQ+ Americans celebrated the 10th anniversary of the landmark U.S. Supreme Court ruling that established marriage equality in the United States, right-wing Justice Samuel Alito suggested in a new decision that public schools should not promote "acceptance of same-sex marriage."
Alito's opinion was handed down in a 6-3 ruling in Mahmoud v. Taylor, in which the high court's right-wing majority held that parents should be permitted to opt their children out of certain lessons in public schools on religious grounds.
The ruling stemmed from a lawsuit filed by parents of several religious backgrounds in Montgomery County, Maryland, who sued the county's school system for not giving parents advance notice and an opportunity to opt out of a curriculum that included storybooks dealing with LGBTQ+ themes.
The books included Pride Puppy, about a dog that gets lost at an LGBTQ+ pride parade; Love, Violet, about a girl who has a same-sex crush; Born Ready, about a transgender boy; and Uncle Bobby's Wedding, about a gay couple getting married.
Alito pointed to the latter book in particular in his opinion.
"It is significant that this book does not simply refer to same-sex marriage as an existing practice," wrote the judge. "Instead, it presents acceptance of same-sex marriage as a perspective that should be celebrated."
Elly Brinkley, staff attorney for U.S. Free Expression Programs at the free speech group PEN America, noted the timing of Alito's comments about marriage equality.
"Just after the 10th anniversary of Obergefell v. Hodges and as we celebrate Pride Month, the Supreme Court has delivered a devastating blow to the dignity of LGBTQ+ people and families," said Brinkley. "This ruling means that parents can opt their children out of any classroom activity that acknowledges same-sex marriages, the right to which this very court held was guaranteed by the Constitution."
The right-wing majority ruled that Montgomery County Public Schools must allow families to opt out of any lessons that parents believe will interfere with their children's religious education, including stories or discussions with LGBTQ+ themes.
"This ruling threatens to give any religious parent veto power over public school curricula. If this dangerous logic is carried forward, it could unravel decades of progress toward inclusive education and equal rights."
Legal scholars said that in addition to stigmatizing the families of an estimated 5 million children in the U.S. who have one or more LGBTQ+ parents, the ruling could pave the way for parents to argue that their children shouldn't be exposed at school to materials involving any number of topics, including evolution, yoga, and mothers who work outside the home—all issues that have been the subject of earlier, unsuccessful lawsuits against schools.
"The decision could have far-reaching consequences for public schools' ability to create an inclusive and welcoming environment that reflects the diversity of their communities, as well schools' ability to implement any secular lesson plan that may trigger religious objections," said the ACLU, which filed an amicus brief in the case arguing that the school district's "policy prohibiting opt-outs from the English Language Arts curriculum is religiously neutral and applicable across the board."
Daniel Mach, director of the ACLU's Program on Freedom of Religion and Belief, said that religious freedom is "fundamentally important" under U.S. law.
But freedom of religion, Mach said, "shouldn't force public schools to exempt students from any secular lessons that don't align with their families' religious views. This decision could wreak havoc on public schools, tying their hands on basic curricular decisions and undermining their ability to prepare students to live in our pluralistic society."
Cecilia Wang, national legal director of the ACLU, added that parents with religious objections will now be "empowered to pick and choose from a secular public school curriculum, interfering with the school district's legitimate educational purposes and its ability to operate schools without disruption—ironically, in a case where the curriculum is designed to foster civility and understanding across differences."
Liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented in the case, with Sotomayor making the unusual move of announcing her dissent from the bench.
Citizens fully experiencing the United States' multicultural society, said Sotomayor, "is critical to our nation's civic vitality. Yet it will become a mere memory if children must be insulated from exposure to ideas and concepts that may conflict with their parents' religious beliefs."
She also accused the majority of making a "myopic attempt to resolve a major constitutional question through close textual analysis of Uncle Bobby's Wedding," which revealed, she said, "its failure to accept and account for a fundamental truth: LGBTQ people exist."
The ruling is the latest victory for right-wing advocates of what they view as religious freedom at the high court; other recent rulings have allowed a web designer to refuse to make a website for same-sex couples and a high school football coach to pray with his team at school games.
Annie Laurie Gaylor, co-president of the Freedom From Religion Foundation, called Friday's ruling a "deeply troubling outcome for public education, equality, and the constitutional principle of the separation between state and church."
"This ruling threatens to give any religious parent veto power over public school curricula. If this dangerous logic is carried forward, it could unravel decades of progress toward inclusive education and equal rights," said Gaylor. "Public schools must be grounded in facts and reality and not subject to religious censors."
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'Congress Can't Sit Back': Anti-War Groups Call on Senate to Invoke War Powers Act in Friday Vote
More than 41,000 people have signed a petition calling on Congress to invoke the War Powers Act to limit Trump's ability to strike Iran without congressional authorization.
Jun 27, 2025
The U.S. Senate will vote Friday evening on whether to invoke the War Powers Act, limiting President Donald Trump's ability to launch a war with Iran.
With the vote looming, anti-war groups are turning up the pressure, urging their senators to reassert Congress's ability to check the president's power after he unilaterally inserted the U.S. into Israel's war with Iran by launching airstrikes on three Iranian nuclear sites last weekend.
More than 41,000 people have signed a petition launched by the progressive group MoveOn Civic Action, which calls on Congress to vote for the resolutions introduced in both the House and Senate in recent weeks.
"By launching strikes on Iran without congressional approval, Trump endangered civilians in the U.S. and around the world, while dragging our country closer to another endless war," said MoveOn spokesperson Britt Jacovich. "Congress has a responsibility to the people who elected them to check this abuse of power and take urgent action to prevent the U.S. from being pulled into another deadly and costly conflict."
The vote on the Senate resolution, introduced by Sen. Tim Kaine (D-Va.), will take place Friday at 6:00 pm Eastern time. A vote on the House resolution introduced by Reps. Ro Khanna (D-Calif.) and Thomas Massie (R-Ky.) has not yet been scheduled.
The War Powers resolution, which would require Trump to receive congressional approval for future strikes on Iran, has overwhelming support from Senate Democrats. However, according to reporting from Punchbowl News Friday, Sen. John Fetterman (D-Pa.), a notorious pro-Israel hawk, is expected to vote no.
If all other Democrats vote yes, they'd still need five Republicans to join them. The libertarian Sen. Rand Paul (R-Ky.) has also signaled his support for the resolution. But the rest, including seven who voted for a similar resolution in 2020, have remained tight-lipped about Friday's vote.
The majority of Americans, 56%, said they disapproved of Trump's weekend strikes against Iran in a YouGov poll published Tuesday. They are even more strongly opposed to further escalations, with 84% saying in a Reuters/Ipsos poll that closed Monday that they were worried about growing conflict between the U.S. and Iran.
On Monday, Trump announced that a cease-fire had been brokered between Israel and Iran. But with the two countries accusing one another of violating the truce, doubt remains about whether it will hold.
Cavan Kharrazian, a senior policy advisor for the group Demand Progress, said that uncertainty is all the more reason Congress must assert itself to stop further escalations from the United States.
"In just days, we've gone from a supposed two-week decision window to immediate U.S. airstrikes, a brief cease-fire, Israel and Iran trading fire again, and now another fragile pause," Kharrazian said. "We strongly support diplomatic efforts to end this crisis—but Congress can't sit back and hope for the best while the risk of U.S. involvement in unauthorized hostilities remains."
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