Quiz #93 -- Does speculation that a suit will be filed satisfy strict scrutiny?

Religion Law Quiz #93

 

A city speculates that it will be sued if it grants an exception to its non-discrimination policies to a religious institution.  Does that constitute a sufficient basis for the city to satisfy strict scrutiny? 

 

(Scroll down for the answer)

 

Answer: No.  Here’s how the Supreme Court addressed that question. 

 

As for liability, the City offers only speculation that it might be sued over CSS's certification practices. Such speculation is insufficient to satisfy strict scrutiny, see Brown v. Entertainment Merchants Assn., 564 U.S. 786, 799–800, 131 S.Ct. 2729, 180 L.Ed.2d 708 (2011), particularly because the authority to certify foster families is delegated to agencies by the State, not the City, see 55 Pa. Code § 3700.61.

Fulton v. City of Philadelphia, Pennsylvania, 593 U.S. 522, 542, 141 S. Ct. 1868, 1882, 210 L. Ed. 2d 137 (2021)

 

Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.

 

HERE IS AN AI GENERATED SUMMARY OF TODAY’S PODCAST

 

Welcome to Episode 93 of the Religion Law Podcast. In this episode, we continue our discussion on the prominent Fulton v. City of Philadelphia decision from 2021. Hosted by Michael Fielding, we delve into whether the possibility of a city being sued can form an adequate basis for the city to meet the high bar of "strict scrutiny".

In the Fulton case, the City of Philadelphia suggested it might face lawsuits if exceptions to its non-discrimination policies were made for religious institutions. We explore whether this potential legal threat is enough to satisfy the rigorous criteria of strict scrutiny and discuss the Supreme Court's stance on this intriguing religious freedom issue.

Through this episode, we shed light on the Supreme Court’s ruling that speculation of being sued is not sufficient to meet strict scrutiny. The reason being that if the threat of potential lawsuits were considered as standard, the government could always justify its actions, turning the strict liability standard into a nullity due to the perpetual risk of lawsuits.

By navigating through this complex issue, you will better understand the practical implications of legal rulings and their connection to religious freedom. Tune in and enhance your understanding of religion law in a simple, engaging Q&A format.

Remember, these quizzes are solely for educational purposes and should not be relied upon for legal advice. If you find our content valuable, share it and leave a review. Until our next episode, continue to be a positive influence.

Episode Transcript

(00:01):
Welcome to another episode of the Religion Law Podcast, where you learn about
religious freedom and other religion law-related topics through a short question-and-answer format.
I'm your host, Michael Fielding.
Let's see how you do on today's quiz. Quiz.
Welcome to Religion Law Quiz number 93.

(00:24):
We are continuing our discussion of the Fulton v.
City of Philadelphia decision from 2021.
In the Fulton case, the City of Philadelphia speculated that it would be sued
if it grants an exception to its non-discrimination policies to a religious institution.

(00:46):
Does the fact that a city might be sued constitute a sufficient basis for the
city to satisfy strict scrutiny?
What do you think?
Well, the answer, according to the Supreme Court, is no, and here's what the Supreme Court said.

(01:09):
As for liability, the city offers only speculation that it might be sued over
CSS's certification practices.
Dutch speculation is insufficient to satisfy strict scrutiny,
particularly because the authority to certify foster families is delegated to
agencies by the state, not the city, close quote.

(01:32):
And I'll have a citation here in the show notes. So what is the practical takeaway here? I think there's.
Correct statement by the Supreme Court that when the government is dealing with
the very difficult burden of satisfying strict scrutiny,
the fact that a government might be sued clearly is not an insufficient basis

(01:55):
to establish strict scrutiny.
And I think the reason is because anybody and their dog could go out and file a lawsuit if they want.
And the lawsuit might have merit, the lawsuit might not have merit.
But if that were the standard, oh, we might get sued, then frankly,
the government could always do whatever it wants.

(02:16):
And it would just render the strict liability standard a nullity,
because there would always be the possibility of getting sued.
And the United States Supreme Court here is saying speculation that you might
be sued is insufficient to satisfy strict scrutiny.

(02:37):
All right, that does it for today's quiz.
Thank you for listening to today's episode. Remember, religion law quizzes are
for educational purposes only and are not intended to be relied upon as legal
advice. If you have found this episode to be helpful, please share it and leave a review.
Until we meet again, keep being an influence for good.

(03:00):
Music.