Supreme Court Associate Justice Neil Gorsuch
Credit: Tom Williams/CQ Roll Call

Three members of the Supreme Court announced on Thursday that they would literally force orphan children to live in a group home or similar setting, rather than allow those children to be placed in foster care with a same-sex couple. Justice Clarence Thomas, Justice Samuel Alito, and Neil Gorsuch did not explain their reasoning in a brief order handed down by the Court, but the plaintiffs in this case made familiar arguments claiming that their religious liberty and free speech were violated.

The case is Fulton v. Philadelphia. Because only three members of the Court voted to stay a lower court decision rejecting the plaintiffs’ arguments, that lower court decision will remain in effect, and foster children will continue to be placed with same-sex couples.

Fulton involves the city of Philadelphia’s process for placing children in foster homes. The city contracts with 30 private agencies which help screen potential foster families and place children in suitable homes. Under the terms of their contract with […]

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