Opinion

St. Elizabeth's Child Care Center v. Department of Public Welfare

  • 989 A.2d 52
  • 2010 Pa. Commw. LEXIS 5
  • 2010 WL 27217
Court
Commonwealth Court of Pennsylvania
Filed
Jan 7, 2010
Status
Published
Author
Quigley
On the bench
Butler, Friedman, Quigley
Cited by
7 cases

noting that “states are free to enact and enforce facially neutral laws of general applicability even though they may interfere with the religious practices of some individuals.”

How later courts described this case

  • noting that “states are free to enact and enforce facially neutral laws of general applicability even though they may interfere with the religious practices of some individuals.”

Written by the judges who cited it.

The opinion

CONCURRING OPINION BY

Senior Judge QUIGLEY.

In my judgment, St. Elizabeth’s justify ably points out significant areas of legitimate concern. For example, it suggests that subjectivity will be involved with respect to the nature of evaluating issues concerning self-esteem. It also suggests that compliance with civil rights rules (however laudable generally) and other non-discrimination issues, could cause the requirement of hiring persons who do not share similar religious beliefs. St. Elizabeth’s further points out that the government requirement of designated educational degrees could again impact on this day care center in a way contrary to St. Elizabeth’s religious mission.

However, as the majority correctly points out, St. Elizabeth’s is “short on specifics” sufficient to support a present religious liberty issue.

We can only hope that when an issue arises — probably by agency action with respect to certificate of compliance (license?) an adequate procedure will exist to not only safeguard children from harm, but provide respect for the religious liberty issues not presently, in advance of events, threatened here.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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