August 20th, 2020
Carson City, NV – Today, Nevada Attorney
General Aaron D. Ford joined 22 attorneys general in filing an amicus
brief with the U.S. Supreme Court in support of the City of Philadelphia’s
nondiscrimination law and the right of same-sex couples to be foster parents.
The
brief argues that Philadelphia is entitled to require its own publicly
contracted foster care agencies to follow the city’s nondiscrimination law and
consider all qualified families seeking to care for children in need, regardless
of the prospective foster parents’ race, religion or sexual orientation.
“I
fight for equality and justice for all,” said AG Ford. “Being a good
parent should not be based on race or sexual orientation, and these vulnerable
children need the deepest possible pool of welcoming foster families.”
The
brief supports the city and its nondiscrimination policy in a lawsuit brought
by a city contractor seeking to be exempt from the policy because of its
religious objection to considering same-sex couples as prospective foster care
parents. In 2019, the Third Circuit unanimously rejected the foster care
provider’s arguments that the First Amendment requires granting such
exemptions.
The
attorneys general argue that the government is entitled to pursue policies that
best serve its residents’ needs in providing government-funded services,
including policies that prohibit discrimination to provide vulnerable children
with as many opportunities as possible to find loving homes. Such requirements,
they argue, do not violate private contractors’ rights to free exercise of
religion or free speech, because the nondiscrimination requirements apply only
to the work such organizations choose to undertake as government contractors,
and private organizations remain free to exercise their beliefs and rights to
free speech outside the scope of that work.
The
states share an interest in ensuring that all their residents have equal access
to government services, including foster care services provided by government
contractors. “To ensure the welfare of every child in state custody, we welcome
all qualified prospective foster parents who volunteer to open their homes,
including LGBTQ individuals and same-sex couples,” the brief reads.
In
addition to Nevada, attorneys general from the following states joined the
coalition: California, Connecticut, Delaware, the District of Columbia, Hawaii,
Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico New
York, North Carolina, Oregon, Philadelphia, Rhode Island, Vermont, Virginia and
Washington.
Click here to see the
filed brief.
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