Religious freedom v. LGBTQ rights: Supreme Court faces major test

WASHINGTON – The Supreme Court has been very, very good for the cause of religious freedom in recent years. This summer alone, it sided with religious students, parents and employers in a trifecta of major rulings.

The high court has been kind to the cause of LGBTQ rights as well, granting same-sex marriage rights in 2015 and protection against employment discrimination this past June.

On Wednesday, both of those winning streaks will be on the line. Hours after the polls close on Election Day and with a new justice on the bench, the court will be confronted by a case in which one side has to lose.

At issue is the city of Philadelphia's decision to stop referring children in need of foster care to Catholic Social Services, for decades one of its most reliable contract agencies, after discovering that it would not place kids with same-sex couples.

The dispute pits the Constitution's guarantee of religious freedom against government bans on discrimination. When the court faced a similar case in 2018 involving a Colorado baker who refused to create a wedding cake for a same-sex couple, it issued a minor ruling that failed to resolve the question.

This time, the addition of Associate Justice Amy Coney Barrett gives the court's conservatives a 6-3 majority, putting at risk a 30-year-old Supreme Court precedent that made it difficult for religious groups to avoid neutral laws that apply to everyone. Several justices are eager to overturn the precedent – written, ironically, in 1990 by conservative Associate Justice Antonin Scalia.

More:New Associate Justice Amy Coney Barrett could have immediate impact on American democracy

A woman and man pray outside the Supreme Court on Capitol Hill in Washington, Tuesday, Oct. 27, 2020, the day after the Senate confirmed Amy Coney Barrett to become a Supreme Court Justice. (AP Photo/Patrick Semansky) ORG XMIT: DCPS101
In recent years, the court has carved out protections for religious groups and individuals. It ruled that a Missouri church could receive federal funds, private corporations could avoid federal health care regulations regarding contraceptives, and a New York town board could open meetings with Christian prayers.

This year, the justices approved taxpayer support for religious education in some circumstances and let religious employers sidestep job discrimination laws and health insurance coverage for contraceptives.