Pope Francis’s Statement Endorsing Same-Sex Civil Unions Undermines the Moral Legitimacy and Legal Arguments in Fulton v. City of Philadelphia

DAVID S. KEMP, CHARLES E. BINKLEY

David S. Kemp, a professor at Berkeley Law, and Charles E. Binkley, MD, the director of bioethics at Santa Clara University’s Markkula Center for Applied Ethics, consider the implications of Pope Francis’s recently revealed statement endorsing same-sex civil unions as they pertain to a case currently before the U.S. Supreme Court. Kemp and Binkley argue that the Pope’s statement undermines the moral legitimacy of the Catholic organization’s position and casts a shadow on the premise of its legal arguments.

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Stigma and the Oral Argument in Fulton v. City of Philadelphia

LESLIE C. GRIFFIN

UNLV Boyd School of Law professor Leslie C. Griffin explains why stigma is a central concept that came up during oral argument before the Supreme Court in Fulton v. City of Philadelphia. Griffin points out that some religions have long supported racial discrimination, citing their religious texts, but courts prohibited such discrimination, even by religious entities. Griffin argues that just as religious organizations should not enjoy religious freedom to stigmatize people of color, so they should not be able to discriminate—and thus stigmatize—people based on sexual orientation.

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Sandefur v. Dart

Docket: 19-2787

Opinion Date: November 4, 2020

Judge: HAMILTON

Areas of Law: Civil Rights, Labor & Employment Law

Sandefur, a Cook County corrections officer, suffers from spinal disk desiccation and osteoarthritis in his knees. In 2011, Sandefur received a handicapped parking placard from the Illinois Secretary of State. His application asserted that he could not walk without an assistive device and that the impairment was permanent. In 2015, at age 55, Sandefur was accepted to the Police Academy. An instructor noticed the handicapped parking placard in Sandefur’s car. Sandefur said it was there for his wife. When another officer asked about the placard, Sandefur said that it was his wife’s but that he also used it. Wanting to confirm that Sandefur was medically cleared to participate in the Academy’s physical training, Academy officials met with Sandefur, who stated that he was not requesting any accommodations in the Academy. During a formal investigation, Sandefur’s explanations did not improve or become consistent. An investigator concluded that Sandefur had demonstrated an “inability to provide truthful responses to basic questions.” The Sheriff’s Office dismissed Sandefur from the Academy. He returned to his corrections job. The Seventh Circuit affirmed the summary judgment rejection of Sandefur’s suit, which alleged violations of the Americans with Disabilities Act, 42 U.S.C. 12112, and his due process rights. The Sheriff’s Office dismissed Sandefur based on its honest belief that he had lied about his disability, not because he had a disability. There is no evidence that anyone involved in the investigation or dismissal harbored any unlawful animus.