From The New York Times:
The Supreme Court on Thursday unanimously ruled that Philadelphia may not bar a Catholic agency that refused to work with same-sex couples from screening potential foster parents.
Chief Justice John G. Roberts Jr., writing for six members of the court, said that since the city allowed exceptions to its policies for some other agencies it must also do so in this instance. The Catholic agency, he wrote, “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 decision, in the latest clash between anti-discrimination principles and claims of conscience, was a setback for gay rights and further evidence that religious groups almost always prevail in the current court.
Philadelphia stopped placements with the agency, Catholic Social Services, after a 2018 article in The Philadelphia Inquirer described its policy against placing children with same-sex couples. The agency and several foster parents sued the city, saying the decision violated their First Amendment rights to religious freedom and free speech.
Lawyers for the city said the case, Fulton v. City of Philadelphia, No. 19-123, was an easy one. When the government hires independent contractors like the Catholic agency, they said, it acts on its own behalf and can include provisions barring discrimination in its contracts.
Lawyers for the agency responded that it merely wanted to continue work that it had been doing for centuries, adding that no gay couple had ever applied to it. If one had, they said, the couple would have been referred to another agency.
Reaction, via CNA:
According to Becket, a religious liberty law firm representing the foster moms and Catholic Social Services in the case, 29 other foster care agencies in Philadelphia work with LGBTQ couples, and three of those agencies are certified by the Human Rights Campaign for their excellent service to LGBTQ families. The firm also said that Catholic Social Services had not turned away any same-sex couples before the city ended the contracts.
In a tweet, Becket stated on Thursday, “This is a huge victory for heroic foster moms and for #religiousfreedom. It ensures that religious groups like Catholic Social Services—who serve kids regardless of their race, religion, sex, or sexual orientation—can continue their great work.”
