Faith-based child welfare controversy may be reignited in Illinois
By PETER HANCOCK
Capitol News Illinois
phancock@capitolnewsillinois.com
SPRINGFIELD – A recent U.S. Supreme Court decision could reignite a 10-year-old controversy in Illinois over whether faith-based charities can be prohibited from contracting with the state for foster care and adoption services on the grounds that they refuse to work with unmarried or same-sex couples.
In a 9-0 decision Thursday, the nation’s high court ruled against the city of Philadelphia, which had refused to renew a contract for foster care services with Catholic Social Services, arguing that the church-based agency’s refusal to place children in the homes of unmarried and same-sex couples violated a non-discrimination clause in the agency’s contract with the city.
Illinois went through a similar controversy in 2011, shortly after the state legalized civil unions among same-sex couples, when the Department of Children and Family Services refused to renew a contract with Catholic Charities of Illinois over a similar policy.
At that time, however, a circuit court judge in Sangamon County sided with the state and dismissed a lawsuit brought by Catholic Charities.
“For us here in Illinois, had this decision been on the books when the state of Illinois did what it did back in 2011, the Catholic Charities would have been continuing in foster care,” said Peter Breen, vice president and general counsel for the Chicago-based Thomas More Society, which intervened in the case.
“And we wouldn’t have had to suffer through the last 10 years of DCFS incompetence, which has harmed so many children, because you would have had your best performing foster care providers continuing the work they had been doing for a century or more,” he added.
In last week’s Supreme Court case, Fulton v. Philadelphia, the court faced an almost identical question – whether the non-discrimination clause in the contract violated Catholic Social Services’ First Amendment right to the free exercise of religion.
In this case, the court ruled that it did, but the justices decided that issue on narrow grounds that some legal experts say only applies to the city of Philadelphia.
Normally, the court would uphold the right of a state or local government to enact a requirement that might burden the free exercise of religion as long as the rule is both neutral and generally applicable to all individuals and groups, regardless of religious affiliation. That standard comes from a 1990 Supreme Court case involving the Oregon Division of Employment Security.
But in Philadelphia’s case, the justices said, the rule is not generally applicable because the contract contains a clause allowing for exceptions to be made “at the sole discretion of the Commissioner” of the Philadelphia Department of Human Services.
“No matter the level of deference we extend to the City, the inclusion of a formal system of entirely discretionary exceptions … renders the contractual non-discrimination requirement not generally applicable,” the court wrote.
Ed Yohnka, director of communications and public policy for the ACLU of Illinois, said that distinction makes the Philadelphia case markedly different from the 2011 case in Illinois.
“The way in which it differs is that DCFS required every agency who provided care and adoption and foster care services through contracts with the agency to comply with all of Illinois’ non-discrimination laws,” he said. “They didn’t pick and choose on the basis of what the objection was on the part of a particular service provider.”
Although the Supreme Court’s decision last week was unanimous, four of the justices – Amy Coney Barrett, Brett Kavanaugh, Neil Gorsuch and Clarence Thomas – signed on to concurring opinions saying they would have gone even further by agreeing to review, if not strike down, the standard set in the 1990 Oregon case.
A fifth justice, Stephen Breyer, who is often seen as a swing vote on the court, also signed on to one of the concurring opinions, except for a paragraph saying the Oregon standard likely should be overturned.
“This decision is the latest in a string of decisions that have come out from the Supreme Court in the last few years respecting the rights of people of faith to participate in public life,” Breen said. “And the trend is clearly in favor of construing the Constitution to protect religious individuals and entities from the heavy hand of government.”
But Breen said it is unlikely that Catholic Charities in Illinois – which are operated by the four archdiocese of the Catholic Church in the state – will try to reestablish itself with state contracts for child welfare services anytime soon because, when the Sangamon County court ruled against them in 2011, they essentially dismantled their services while their staff went to other outside agencies.
“Restarting foster care would not be a small task for any entity, starting from scratch,” he said.
Yohnka, at the ACLU of Illinois, meanwhile, said he couldn’t predict whether the Philadelphia case would reopen another chapter of litigation in Illinois. But he said he thinks it would be wrong for the state to revisit the issue.
“I think what’s interesting, or what’s lost in this is that there was just that recent report by the auditor general, that found DCFS and its partner agencies were failing to serve LGBTQ kids across the state, really, to the point of just not having any kind of capacity to really even identify, provide services, provide spaces and homes for them to live in where they could be affirmed,” he said. “And I think the idea of going backward in terms of allowing for gay or lesbian couples to be discriminated against in foster care or adoption really feels like a gigantic mistake in the context of what we already know.”
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government and distributed to more than 400 newspapers statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
Local News
Year of growth | Evergreen Park enjoying inaugural boys volleyball season
Spread the loveBy Xavier Sanchez Correspondent After almost 70 years of existence as a high school, Evergreen Park finally has a boys volleyball team. The Mustangs are playing their inaugural season with a junior varsity squad, with some matches being played at the varsity level. Head coach Brian Zofkie is leading this group with assistant…
‘Brazen and cowardly’: Police, community outraged by officer’s slaying
Spread the love. By Tim Hadac Police and others across the Southwest Side reacted with outrage this week over the slaying of a Chicago Police officer in the early morning hours on Sunday. Officer Luis M. Huesca was shot to death on the street in the 3100 block of West 56th Street at 2:53 a.m.…
Swanson scores, assists in Red Stars’ win over Reign
Spread the loveThe Red Stars improved to 3-1-1 by beating the Seattle Reign, 2-1, on the road on April 21. Mallory Swanson had an assist on an Ali Schlegel goal in the fourth minute and added a goal of her own in the 31st minute. Swanson missed last season after sustaining a knee injury on…
Red Stars’ Tatumn Milazzo has top Save of the Week
Spread the loveBy Jeff Vorva Correspondent Tatumn Milazzo called her achievement “funny.” The Chicago Red Stars defender and Orland Park native was awarded the NWSL’s Save of the Week after chasing down a ball in a loss to Angel City on April 13. The Save of the Week usually goes to a goalie. Milazzo laughed…
Men’s College Volleyball | Saint Xavier captures fifth straight conference tourney title
Spread the loveBy Jeff Vorva Correspondent The SXU men’s volleyball team won its fifth straight Chicagoland Christian Athletic Conference tournament championship after a 25-16, 25-17, 25-22 sweep of Calumet College of St. Joseph on April 20 at the Shannon Center. Jan Lopuch had 10 kills and nine digs for the Cougars. With the win, the…
College Baseball | Saint Xavier upsets Eastern Illinois
Spread the loveBy Jeff Vorva Correspondent The Saint Xavier baseball team picked up a win that its players are going to remember for a long time. The Cougars stunned Eastern Illinois, 4-2, on April 17 in Charleston. It was the Cougars’ first win over the Panthers, a Division I program, since 2005. Lyons grad Troy…
St. Laurence hoops teams top honor roll
Spread the loveBy Jeff Vorva Correspondent Area basketball teams proved to be strong on the court and in the classroom this season, and St. Laurence was the leader of the pack. The Illinois Basketball Coaches Association compiled a list of the top academic teams, and the area did well. In Division 3 girls, St. Laurence…
Chicago Bears recognize St. Rita senior with All-Star award
Spread the loveBy Jeff Vorva Correspondent Chances are good that few outside of St. Rita football circles know who David Lyle is. With good reason. Lyle missed his senior season for the Mustangs last fall after sustaining a serious knee injury. He even postponed having knee surgery so that he could take care of his…
Neighbors
Comings & Goings: Ross to replace Walt’s at Tinley Park Plaza
Spread the loveBy Bob Bong When Walt’s Foods closed its Tinley Park location almost three years ago, it left a giant hole in the Tinley Park Plaza near 159th Street and Harlem Avenue. That hole will soon be filled with a new 22,000-square-foot Ross Dress for Less store and a 9,800-square-foot Five Below store. A…
SD122 celebrates end of Ramadan at Simmons Middle School
Spread the loveBy Nuha Abdessalam As Ramadan was drawing to a close for Muslims worldwide, District 122’s Superintendent Joseph Matise, Oak Lawn Community High School’s Muslim Students Association club, and the district’s Parents Committee came together to create history. They hosted the first-ever Iftar dinner at Simmons Middle School on April 8, a significant event…
Orland Park Library collecting candy wrappers
Spread the loveBy Kelly White Candy has taken on a whole new life at one local library. The Orland Park Public Library, 14921 S. Ravinia Ave., Orland Park, is happy to announce the launch of its very first Trash or Treasure candy wrapper recycling campaign. The Trash or Treasure program helps reduce the waste that…
Hickory Hills adds new police officer
Spread the loveBy Nuha Abdessalam Hickory Hills Police Chief Jason Bray welcomed Andre Showers as the city’s newest police officer during last week’s city council meeting. Aldermen and the community at the April 11 meeting helped celebrate the induction of the Showers, 21. He’s an Army veteran and a 2023 Cook County Correctional Camp graduate…
Marist celebrates cultural diversity
Spread the loveBy Kelly White Marist High School appreciates the wide array of culture that walks its campus hallways on a daily basis. In order to celebrate, the high school, 4200 W. 115th St., Chicago, hosted its second annual Celebration of Culture on March 14. During the free event, students, faculty and staff represented their…
Palos Heights Knights of Columbus donate to GiGi’s Playhouse
Spread the loveGrand Knight John Laskey and Past Grand Knight Brian Mellenthin of St. Theodore Guerin Knights of Columbus Council 14057 presented a check for $1,500 to GiGi’s Playhouse of Tinley Park, one of several donations to local groups resulting from the Knights of Columbus’ Fall Tootsie Roll Drive. One of the most recognizable activities…
Worth police join task force to combat auto thefts
Spread the loveBy Joe Boyle An agreement has been reached between the villages of Worth and Thornton regarding participation in the Illinois Statewide Auto Theft Task Force. Worth Police Chief Tim Denton said the approval of the memorandum to participate in the task force is necessary. “It’s no secret that there has been an increase…
A simple idea for Earth Day
Spread the love. By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 517-7796 . Moving right along through April, as the days get longer and nicer, time will start to go by faster. We have Earth Day on April 22 and the start of Passover at sunset.…
Bingo at St. Clare was something to yell about
Spread the love. Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 . Recently I mentioned a bingo fundraiser the Augustinian Young Adults of St. Rita of Cascia Parish were holding. This was their first attempt at a bingo and they put on a really nice event. Held…