Notwithstanding the all-consuming salience of the election, one day afterward the Supreme Court will consider another fateful question in Fulton v. City of Philadelphia. On the surface, the case concerns a city commissioner’s candid animosity toward traditional Catholicism. But it also involves a much deeper problem—the systemic administrative slant against orthodox Americans.
In Fulton, the commissioner of Philadelphia’s Department of Human Services barred Catholic Social Services (CSS) from placing foster children—allegedly because CSS discriminated against gay families. But CSS has never engaged in such discrimination. Families seeking foster children choose the charities through which they want to secure a placement, and gay families have not thus far chosen CSS.
Instead, the discrimination in Fulton came from the commissioner, who preemptively barred CSS from providing placements on account of its religious views on gay marriage. In explaining her decision, she asserted that CSS should follow “the teachings of Pope Francis” and said that “times have changed,” “attitudes have changed,” and it is “not 100 years ago.”