Supreme Court foster care ruling likely to prompt more tests of religion vs. LGBTQ rights

WASHINGTON – After a series of landmark victories at the Supreme Court in recent years, LGBTQ advocates were dealt a blow this week when the justices sided with a Catholic group that declined to consider same-sex couples as foster parents. 

While the outcome of the Philadelphia foster care dispute was not a surprise, the unanimous decision opened a debate about its impact in other areas of the law where the First Amendment's protection of religion comes into conflict with policies that prohibit discrimination on the basis of sexual orientation or gender identity. 

One point on which advocates on both sides of the issue agreed: Fulton v. Philadelphia will prompt new litigation testing when religious groups may choose to treat LGBTQ Americans differently, and when they are prohibited from doing so.