WASHINGTON – The United States Supreme Court ruled Thursday that the City of Philadelphia was wrong to eliminate foster care referrals from being directed to Catholic Social Services, due to its refusal to accept same-sex couples seeking to be foster parents because of their religious beliefs.
In a unanimous decision seeing religious freedom be considered alongside LGBTQ rights, the nation’s high court found that Philadelphia’s barring referrals from the Catholic organization unless it certified same-sex couples as foster parents, violated the First Amendment.
According to Supreme Court Chief Justice John Roberts, “The City’s actions have burdened CSS’s religious exercise by putting it to the choice of curtailing its mission or approving relationships inconsistent with its beliefs.”
“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,” Roberts said.
“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.”
The case dates back three years, when the City learned that two of the 30 agencies it contracts with to provide foster care services – Catholic Social Services, under the umbrella of the Archdiocese of Philadelphia, and Bethany Christian Services – would not approve same-sex married couples as foster parents, due to their religious objections to gay marriage.
Bethany Christian Services changed its rule. Catholic Social Services did not.
Consequently, Philadelphia officials stopped referring foster children to Catholic Social Services, arguing the religious group violated a tenet of the Fair Practices Ordinance, prohibiting discrimination on the basis of sexual orientation.
Catholic Social Services and a group of foster parents then filed suit in the U.S. District Court for the Eastern District of Pennsylvania, alleging the City violated their First Amendment rights of freedom of religion and speech.
After both that court and the U.S. Court of Appeals for Third Circuit ruled in favor of the City, Catholic Social Services appealed the decision to the U.S. Supreme Court.
The Catholic agency argued the City discriminated against it due to disagreement with its religious beliefs, and forewarned that a Supreme Court ruling against it may force its closure and other religious foster care and adoption agencies to close their doors.
Arguments before the Supreme Court were held remotely by telephone in November the day after the 2020 Presidential Election.
While Roberts authored the majority opinion of the Supreme Court, Justice Amy Coney Barrett filed a concurring opinion, Justices Samuel Alito and Neil Gorsuch filed opinions concurring in the judgment only, which Justice Clarence Thomas joined.
The justices reversed the decision of the Third Circuit and remanded the case for further proceedings.
Diana Cortes, City of Philadelphia Solicitor, offered comment on the ruling.
“Today’s decision is a difficult and disappointing setback for foster care youth and the foster parents who work so hard to support them. We are disappointed that the Court overturned decisions by the District Court – which heard this case as the fact finder – and the [Third Circuit] Court of Appeals, both of which found that the City is entitled to insist its contractors treat all citizens equally,” Cortes said.
“With today’s decision, the Court has usurped the City’s judgment that a non-discrimination policy is in the best interests of the children in its care, with disturbing consequences for other government programs and services. At the same time, the city is gratified that the Supreme Court did not, as the plaintiffs sought, radically change existing constitutional law to adopt a standard that would force court-ordered religious exemptions from civic obligations in every arena.”
Cortes continued that permitting contractors and partners to set their own terms for how they provide public services “will create a confusing patchwork in government programs and will weaken government non-discrimination guarantees” – and discourage “a larger, more diverse pool of available foster parents…[which] sends an important message of inclusion and acceptance to the many LGBTQ youth in the City’s care.”
“Despite the challenges posed by today’s ruling, we will continue to care for our city’s foster care youth, including in partnership with Catholic Social Services, and to support the loving families who welcome them into their homes. The City will not waver from our commitment to ensuring equality for all Americans, including LGBTQ families. For the City, an important part of that work is ensuring that all foster care youth and families know that they are treated equally and accorded full dignity in and through the foster care system,” Cortes stated.
“That work will not halt and has never been more important. The City will continue to protect and include all Philadelphians, including LGBTQ youth and families, while recognizing and respecting the Supreme Court’s ruling.”
U.S. Supreme Court case 19-123
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com