[20201109]LSB10551_最高法院考虑推翻富尔顿诉费城案中的自由行使先例.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Supreme Court Considers Overruling Free Exercise Precedent in Fulton v. Philadelphia November 9, 2020 On November 4, 2020, the Supreme Court heard oral argument in Fulton v. City of Philadelphia, an appeal asking the Court to revisit foundational precedent interpreting the First Amendments Free Exercise Clause. The November session of oral arguments was the first for newly confirmed Justice Amy Coney Barrett, who could play a key role in resolving this appeal. In Fulton, a Catholic foster-care agency raised religious objections to complying with Philadelphias policies prohibiting contractors from discriminating on the basis of sexual orientation. The City had stopped referring foster children to the agency after discovering it would not work with same-sex couples as foster parents. The lower courts rejected the agencys constitutional claims, citing Employment Division v. Smith, a 1990 case in which the Supreme Court held that the Free Exercise Clause generally will not “excuse” individuals from complying with valid, neutral, and generally applicable laws. The Court agreed to consider whe