Court's foster care ruling has experts, advocates split on potential LGBTQ impact

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Legal experts and advocates are split on what a decision Thursday by the Supreme Court on the rights of religious groups means for LGBTQ rights in the near term.

The court noted in its opinion that Catholic Social Services didn't actually turn away any LGBTQ couples. It also said excluding Catholic Social Services as a contractor would narrow the pool of adoptive parents, though Pizer argues that allowing social services providers to turn some prospective parents away would actually narrow the pool.

Pizer said the city — and any government agencies that contract with private organizations to provide social services — should establish clear standards for exemptions from nondiscrimination laws, and should ensure that enforcement procedures are always applied equally. "They're going to look closely at their contractual requirements and see if there is language that suggests the possibility of individualized exemptions, and they're going to really lean on Fulton in advancing requests for an exemption," she said.

The court is also sending a discouraging message to LGBTQ young people in the foster system and to LGBTQ adoptive parents, said Ron Richter, a gay adoptive parent and CEO and executive director of JCCA, a foster care program in New York.

 

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