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.
Explore More about Fulton v. City of Philadelphia
As we awaited a decision in Fulton v. City of Philadelphia, we asked LGBTQ+ parents, people of faith, child welfare experts, and youth in foster care across the country: should we allow government-funded agencies to discriminate based on their religious beliefs? This is what they said.
Supreme Court Hands Down Narrow, Case-Specific Ruling in Fulton v. Philadelphia
The Court’s decision focuses on the particular facts of this case and allows governments to continue to prohibit discrimination against LGBTQ people.
Family Equality Files U.S. Supreme Court Brief in Fulton v. City of Philadelphia Child Welfare Discrimination Case
Family Equality submitted an amicus curiae brief in a case that endangers hundreds of thousands of children in the child welfare system, and could create
Supreme Court to Hear Foster Care Discrimination Case Involving Religious Minorities and LGBTQ Families
WASHINGTON, D.C. — Today the Supreme Court agreed to hear Fulton v. City of Philadelphia, a case that could have a profound impact on the
Fulton v. City of Philadelphia: The Diversity of LGBTQ Foster Parents Helps Meet the Diversity of Needs for Kids in Care
As the Supreme Court considers Fulton v. City of Philadelphia, we're highlighting LGBTQ+ family stories that show the real-life impact of discrimination.
Fulton v. City of Philadelphia: When Discrimination Does Not Get in the Way
As the Supreme Court considers Fulton v. City of Philadelphia, we're highlighting LGBTQ+ family stories that show the real-life impact of discrimination.
Fulton v. City of Philadelphia: Discrimination Keeps Kids Waiting for Homes that are Ready for Them
As the Supreme Court considers Fulton v. City of Philadelphia, we're highlighting LGBTQ+ family stories that show the real-life impact of discrimination.
Fulton v. City of Philadelphia: Discrimination Leaves Youth in Foster Care
As the Supreme Court considers Fulton v. City of Philadelphia, we're highlighting LGBTQ+ family stories that show the real-life impact of discrimination.
Fulton v. City of Philadelphia: Discrimination Deters LGBTQ+ Parents
As the Supreme Court considers Fulton v. City of Philadelphia, we're highlighting LGBTQ+ family stories that show the real-life impact of discrimination.