Friday, October 30, 2020

From ScotusBlog: Fulton v. City of Philadelphia, Pennsylvania

 Supreme Court hears a case regarding discrimination on religious grounds and free speech.

- Click here for it.

Whether free exercise plaintiffs can only succeed by proving a particular type of discrimination claim — namely that the government would allow the same conduct by someone who held different religious views — as two circuits have held, or whether courts must consider other evidence that a law is not neutral and generally applicable, as six circuits have held; (2) whether Employment Division v. Smith should be revisited; and (3) whether the government violates the First Amendment by conditioning a religious agency’s ability to participate in the foster care system on taking actions and making statements that directly contradict the agency’s religious beliefs.