Wednesday, March 10, 2021

Compelling Interest--Level of Generality

Remember, it is not sufficient for the government to argue that it has a generalized compelling interest in protecting same-sex couples from discrimination. The issue is more particularized:

Does Philadelphia have a compelling interest in requiring religious foster care ministries from "discriminating" (based upon their sincerely held religious beliefs about the nature and the good of marriage) even though the ministry is willing to refer same-sex couples to one of the many other agencies who will be happy to certify them as foster parents, and even though no same-sex couple has ever been denied an opportunity to be certified?

 

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