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

The Religion Law Quiz Podcast

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.