Fulton v. City of Philadelphia (2021) Majority Opinion (Foster Care, Same-sex Couples, Catholic Social Services)

Audio of Fulton v. City of Philadelphia (2021) Majority Opinion (Foster Care, Same-sex Couples, Catholic Social Services)

Because Philadelphia Catholic Social Services (CSS) had a policy against licensing same-sex couples to be foster parents, the City of Philadelphia pulled the organization's license to place children in foster homes in March 2018. So, CSS sued the City of Philadelphia. In asking the court to order Philadelphia to renew their contract, CSS argued that its right to free exercise of religion and free speech entitled it to reject qualified same-sex couples based solely on the fact the couples were gay.

Three questions before the Court in this case were:

1. To succeed on their free exercise claim, must plaintiffs prove that the government would allow the same conduct by someone who held different religious views, or only provide sufficient evidence that a law is not neutral and generally applicable?

2. Should the Court revisit its decision in Employment Division v. Smith?

3. Does the government violate the First Amendment by conditioning a religious agency’s ability to participate in the foster care system on taking actions and making statements that directly contradict the agency’s religious beliefs?

In a unanimous decision, the Court sided with Fulton, holding that the refusal of Philadelphia to contract with CSS unless CSS agrees to certify same-sex couples as foster parents violated the Free Exercise Clause of the First Amendment.

 

Access this SCOTUS opinion and other essential case information here:

https://www.oyez.org/cases/2020/19-123