Shirley Lin Examines Civil Rights Implications of SCOTUS Fulton Decision

Shirley Lin (’11), Assistant Professor of Law at Pace University, published a piece on the Human Rights at Home Blog reviewing the Supreme Court’s consideration of anti-discrimination law and the Free Exercise Clause of the First Amendment in Fulton v. City of Philadelphia (“The Uneasy Detente of Fulton v. City of Philadelphia,” June 18). “Fulton leaves civil rights susceptible to future attack, as its splintered concurrences hint at the fragile compromise of the final opinion. . . . Also concerning is that, by upholding the ability of this religious agency to access government contracts to vital social services, Fulton does not prevent future religious entities from discriminating on the basis of race, disability, and other grounds. It requires no stretch of the imagination to consider a locality where (unlike Philadelphia) religious social service contractors predominate in delivering vital social services. Fulton leaves the Court in the dubious position of deciding the acceptability of social harm, at a time when it has openly shifted its baseline for neutrality.”