On June 17, 2021, the Supreme Court declined to create a constitutional “right” for taxpayer-funded faith-based child welfare agencies to discriminate based on their religious beliefs. Additionally, the Supreme Court upheld the right of state and local governments to maintain non-discrimination policies. But, these policies cannot provide a mechanism for discretionary exemptions.
The Court’s narrow ruling was decided based on the specific contract in Philadelphia. However, the decision still caused harm to LGBTQ+ youth and families in Philadelphia. These families, and all families, deserve to be unequivocally affirmed and respected in the foster care system.
About Fulton v. City of Philadelphia
March 2018
City of Philadelphia learns that two city-contracted foster care agencies refuse to certify same-sex couples as foster parents. Their refusal is based on the agencies’ religious beliefs.
May 2018
CSS sues the City of Philadelphia in the US District Court for the Eastern District of Pennsylvania.
July 2018
The District Court holds that CSS does not have a right to discriminate against prospective foster parents based on its religious beliefs.
July 2018
CSS appeals the decision to the US Court of Appeals for the Third Circuit.
April 2019
The US Court of Appeals for the Third Circuit rejects CSS’ argument.
July 2019
CSS files an appeal with the US Supreme Court.
February 2020
The US Supreme Court agrees to hear the case.
August 2020
Family Equality joins PFLAG National, represented by our pro bono counsel, Bryan Cave Leighton Paisner, LLP, in filing a “friend of the court brief” supporting the City of Philadelphia.
November 2020
The Supreme Court hears oral arguments.
June 2021
Supreme Court issues a narrow, case-specific decision in favor of CSS. The decision finds that the nondiscrimination provision in Philadelphia’s contract violates the free exercise clause of the First Amendment. This is because the contract allows for discretionary exemptions to the nondiscrimination requirement. Yet, the city failed to grant CSS an exemption.
Yes, the Supreme Court refused CSS’ invitation to grant a broad license to discriminate. However, the decision is undoubtedly harmful to the LGBTQ+ youth and families in Pennsylvania.
Family Equality’s Amicus Briefs in Fulton v. City of Philadelphia
Family Equality’s amicus briefs in Fulton v. City of Philadelphia illustrate the impact of anti-LGBTQ discrimination through the voices of the people who experience it. Above all, the stories demonstrate how discrimination reduces the number of homes available to children in foster care. In particular, they explore the safe, loving homes that LGBTQ+ families provide when discrimination does not get in the way.