DAVE ROSS

Determining how Amy Coney Barrett would rule on religious freedom cases

Oct 30, 2020, 12:57 PM
Amy Coney Barrett...
Judge Amy Coney Barrett during Senate confirmation hearings. (Getty Images)
(Getty Images)

Many are trying to figure out which way Amy Coney Barrett might rule in cases that have something to do with her Catholic faith, and one of them is coming up. It involves the city of Philadelphia, which has decided that since Catholic Social Services will not place foster children with same sex couples, it will basically tear up its contract with Catholic Social Services. Former Washington Attorney General Rob McKenna joined Seattle’s Morning News to discuss.

“This case is another case where there’s a tension between the rights accorded to one person or group of people and the rights accorded to a religion. The city of Philadelphia is saying we have a policy that prohibits discrimination against same sex couples. They have every right to be considered as potential foster parents. Catholic Social Services will not place children in a foster home that is run by same sex parents. Therefore, we’re going to cut them off,” he said.

“Catholic Social Services is arguing that this is not a neutral policy. You came up with this policy after you found out that we will not conduct home studies for same sex couples or unmarried couples. One of the plaintiffs here is actually a Catholic foster parent who has fostered around 40 children over 25 years. And she’s arguing that her rights as a devout Catholic are being violated because she could no longer work with Catholic Social Services to have children placed in her home. That agency’s contract has been torn up by the city.”

Looking at previous Amy Coney Barrett cases involving abortion, gun rights

As Dave noted, the city could argue that if you accept taxpayer money, you have to accept the strings that are attached to it. And if they could make a case that these are the same requirements that would be imposed on any agency seeking to do these home studies, then you can’t argue that for some reason Catholics should get special treatment.

“Well, that is an argument that the city is in fact making. They say this is neutral … Catholic Social Services disagrees, and says this is actually targeting them. Specifically, Justice Amy Coney Barrett is gonna have to decide whether ruling in favor of Catholic Social Services — if she thinks that’s the right thing to do — means they need to revisit the 1990 ruling that her mentor, Antonin Scalia, wrote,” McKenna said.

Tech expert: Google search results are self-serving, and a conflict of interest

“And then you have the following problem, which is why Scalia wrote the opinion he did. He said we cannot allow the anarchy that would result from ‘a system in which each conscience is a law unto itself.’ There are lots of laws that religious organizations are required to follow, like the laws forbidding polygamy, child labor, Sunday closing laws, requiring citizens to register for selective service. You can’t use religious belief to get out of any of those things because those laws apply to everyone.”

Listen to Seattle’s Morning News weekday mornings from 5 – 9 a.m. on KIRO Radio, 97.3 FM. Subscribe to the podcast here.

Dave Ross on KIRO Newsradio 97.3 FM
  • listen to dave rossTune in to KIRO Newsradio weekdays at 5am for Dave Ross on Seattle's Morning News.

Dave's Commentary

Dave Ross

history...
Dave Ross

Ross: Those who don’t learn history are doomed to accept whatever they are told

Zinn’s book failed to shake my patriotism, any more than visiting Cuba or the Soviet Union. I still see America as a unique experiment worth protecting.
22 hours ago
Metaverse...
Dave Ross

Ross: Metaverse already has its problems, from monetization to groping

2D social media isn’t immersive enough, so now we’re going to strap a fat cell phone over our eyes to join a lawless 3D cartoon universe?
2 days ago
time...
Dave Ross

Ross: Physicist says time travel is impossible … but can’t make an absolute promise

I wanted to highlight part of an interview with a physicist about time travel since it appears mainstream media didn't pick up on it.
3 days ago
office...
Dave Ross

Ross: It’s either middle managers or robots looking over your shoulder

If you draw a paycheck, one way or another, your office is going to make sure you deserve it.
6 days ago
(Getty Images)...
Dave Ross

Ross: How Trump’s culture war reached the National Archives

I noticed that, as part of the tussle between Donald Trump and the National Archives over those presidential documents, Trump’s lawyers argued that the National Archives is a “highly-politicized agency” that has put “content warnings on the US Constitution.”
8 days ago
patagonia loophole...
Dave Ross

Ross: Is Patagonia’s sale to a non-profit shameless exploitation of a tax loophole?

Recently the owner of Patagonia announced he would donate the company to a new non-profit organization to spend the profits on “social welfare.”
9 days ago

Sponsored Articles

Anacortes Christmas Tree...

Come one, come all! Food, Drink, and Coastal Christmas – Anacortes has it all!

Come celebrate Anacortes’ 11th annual Bier on the Pier! Bier on the Pier takes place on October 7th and 8th and features local ciders, food trucks and live music - not to mention the beautiful views of the Guemes Channel and backdrop of downtown Anacortes.
Swedish Cyberknife Treatment...

The revolutionary treatment of Swedish CyberKnife provides better quality of life for majority of patients

There are a wide variety of treatments options available for men with prostate cancer. One of the most technologically advanced treatment options in the Pacific Northwest is Stereotactic Body Radiation Therapy using the CyberKnife platform at Swedish Medical Center.
Work at Zum Services...

Seattle Public Schools announces three-year contract with Zum

Seattle Public Schools just announced a three-year contract with a brand-new company to the Pacific Northwest to assist with their student transportation: Zum.
Swedish Cyberknife 900x506...

June is Men’s Health Month: Here’s Why It’s Important To Speak About Your Health

According to the Centers for Disease Control and Prevention, men in the United States, on average, die five years earlier than women.
...

Anacortes – A Must Visit Summertime Destination

While Anacortes is certainly on the way to the San Juan Islands (SJI), it is not just a destination to get to the ferry… Anacortes is a destination in and of itself!
...

Ready for your 2022 Alaskan Adventure with Celebrity Cruises?

Celebrity Cruises SPONSORED — A round-trip Alaska cruise from Seattle is an amazing treat for you and a loved one. Not only are you able to see and explore some of the most incredible and visually appealing natural sights on the planet, but you’re also able to relax and re-energize while aboard a luxury cruise […]
Determining how Amy Coney Barrett would rule on religious freedom cases