For over 200 years, the Catholic Archdiocese of Philadelphia has been providing care for orphans as part of its religious mission. Long before the City of Philadelphia began providing services to orphans and abused children, the Catholic Church worked to care for and find foster homes for orphans and abused and neglected children as part of its Catholic Social Services (CSS). Although state law gave authority to determine the care and custody of orphans and abused children to public entities such as the City of Philadelphia during the 20th century, it also allowed state-licensed foster-care agencies, including CSS, to conduct home studies and certify foster families to receive and care for orphans and abused children. Philadelphia and CSS entered into a contract under which CSS would certify foster families and recommend them for foster child placements. However, CSS does not certify same-sex or unmarried couples as foster families because of its religious beliefs. In 2018, the city determined that CSS was in violation of a provision of its contract not to engage in sexual orientation discrimination. As a result, it barred CSS from further participation in the foster care program.
CSS sued Philadelphia, alleging that its removal from the foster care program violated its First Amendment right to free exercise of religion. Both the trial and appeals courts ruled that the contract provision barring sexual orientation discrimination is a neutral and generally applicable rule. On further review, however, the U.S. Supreme Court found that the city’s non-discrimination ordinance did not apply to CSS and the contract provision was not generally applicable because certain city officials were given discretion to make exceptions to it. Therefore, the city was required to demonstrate a compelling interest in denying CSS an exception to the nondiscrimination provision, which it could not do.
The Supreme Court’s opinion and The Rutherford Institute’s amicus brief in Fulton v. City of Philadelphia are available at www.rutherford.org. Affiliate attorneys Michael J. Lockerby, Michael A. Donation, and Adam J. Kleinfeld of Foley & Lardner LLP assisted in advancing the arguments in Fulton.
The Rutherford Institute, a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.
Source: https://bit.ly/3zAu7Ej
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