The U.S. Supreme Court has handed down its decision in the much-anticipated religious freedom case, Fulton v. Philadelphia, which pitted the right to operate a religious nonprofit in accordance with its deeply held beliefs against a city's requirement that foster care agencies not discriminate on the basis of sexual orientation.
In a unanimous 9-0 decision, the high court held that Philadelphia violated the First Amendment free exercise rights of Catholic Social Services (CSS), operating as a foster care agency for the city, when it removed CSS as a contractor for refusing to certify same-sex couples as prospective foster parents.
Chief Justice John Roberts wrote the main opinion, which is short – only 15 pages. His concluding paragraph summarizes the court's decision.
"As Philadelphia acknowledges," Roberts wrote, "CSS has 'long been a point of light in the City's foster-care system.' […] CSS seeks only an accommodation that will allow it to continue serving the children of Philadelphia in a manner consistent with its religious beliefs; it does not seek to impose those beliefs on anyone else. The refusal of Philadelphia to contract with CSS for the provision of foster care services unless it agrees to certify same-sex couples as foster parents cannot survive strict scrutiny, and violates the First Amendment. In view of our conclusion that the actions of the City violate the Free Exercise Clause, we need not consider whether they also violate the Free Speech Clause. The judgment of the United States Court of Appeals for the Third
Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion." | 
