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re: Supreme Court Rules 9-0 for Catholic Foster Moms in Major Religious Freedom Case

Posted on 6/17/21 at 12:39 pm to
Posted by TideCPA
Member since Jan 2012
10419 posts
Posted on 6/17/21 at 12:39 pm to
I encourage you to read the opinion before calling this some major win. The majority opinion is a meandering mess that basically hinges on a clause in the city’s contract with CSS allowing the city to override, or grant exceptions to, certain agency determinations. This, SCOTUS says, effectively makes the nondiscrimination policy in the contract not a general one, as required per Oregon vs. Smith. Gorsuch’s concurrence explains how the majority sidestepped the central argument of the defense by turning it into a contract issue.

Basically, a city attorney can strike a sentence in 3.21 of the contract and they can then proceed to exclude CSS from receiving contracts.
Posted by imjustafatkid
Alabama
Member since Dec 2011
51069 posts
Posted on 6/17/21 at 2:31 pm to
quote:

Basically, a city attorney can strike a sentence in 3.21 of the contract and they can then proceed to exclude CSS from receiving contracts.


When they try that, I expect it to get back to the Supreme Court and for the correct decision to be made again.
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