This morning, in Fulton v. City of Philadelphia, all nine justices of the U.S. Supreme Court found that the city of Philadelphia had violated the constitutional rights of Catholic Social Services by canceling the agency’s contract when they refused to work with same-sex couples. However, the decision was a narrow one. It did not affirm a broad license to discriminate in the name of religion.
The liberal members of the Supreme Court joined Roberts and Barrett in a majority opinion that ruled narrowly based on the provisions in the specific contract at issue. Since Philadelphia’s contract contained an individualized exemption process from complying with its non-discrimination provisions, the Court held that such an exemption could not be denied when it imposed a religious hardship without a compelling reason.
The Court also rejected the city’s arguments that granting this exemption would reduce the number of available foster parents, create liability issues for the city, or undermine the equal treatment of prospective foster parents and foster children. Notably, the Court’s reasoning does not consider what would happen if many or most providers in a local area discriminated against LGBTQ people or same-sex couples, or whether its holding might make that scenario more likely in more conservative parts of the country.
Despite the loss in this case, the decision is a narrow one. The decision leaves important Supreme Court precedent intact and skirts making a decision that could impact all government contracts or all non-discrimination laws that apply to public accommodations.
The majority opinion also restates from its decision in the 2018 Masterpiece case that "our society has come to the recognition that gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth.” There is some hope that both Chief Justice Roberts and Justice Barrett signed onto an opinion reaffirming this statement.
Williams Institute research shows the importance of non-discrimination protections to upholding the dignity and worth of LGBTQ families and the over 400,000 children who need foster parents. Our research has shown that an estimated 114,000 same-sex couples are raising children; that same-sex couples raising children are seven times more likely to be raising adopted or foster children than different-sex couples; and that nearly 20% of youth in foster care in Los Angeles are LGBT. For more information on the impact of the Court’s decision on same-sex couples, I invite you to read the Williams Institute’s amicus brief.
And because of Williams Institute research, we know it is false to frame these fights as between LGBTQ people and people of faith. Many religions now support LGBTQ people and their families. And many LGBTQ people are religious. Our recent analysis found that 5.3 million LGBT adults are religious, reporting that religion is an important part of their daily life or that they regularly attend services.
Religions and people of faith are on both sides of these issues, as evidenced by the large number of religious organizations, leaders, and people of faith who filed briefs in support of the City of Philadelphia and LGBTQ people in this case.
While the first two decisions pitting LGBTQ rights against religious liberty have been decided on narrow grounds, the fight is far from over. Thank you for your support as we continue our long tradition of research that not only informs debates but helps to reframe them.
