Background
On March 2018, the city of Philadelphia learned that two of the agencies it hired to provide foster care services to children in the city’s care would not, based on their religious objection, accept same-sex couples as foster parents. Philadelphia informed the agencies that it would no longer refer children to them unless they agreed to comply with nondiscrimination requirements that are part of all foster care agency contracts. One of the agencies agreed to do so. The other, Catholic Social Services (CSS), sued the city, claiming the Constitution gives it the right to opt out of the nondiscrimination requirement. The Court heard oral arguments on November 4, 2020
The Decision
On June 17th, the U. S. Supreme Court issued their decision in the case of the City of Philadelphia v. Fulton. The court ruled that while the government generally may require government service contractors to not discriminate against LGBTQ people and others, Philadelphia’s treatment of Catholic Social Services violated the agency’s constitutional rights due to the unique terms of Philadelphia’s standard foster care contract. While the contract prohibited LGBT discrimination, its flaw was that it allowed for exemptions to that very policy. .
While we are disappointed in the specific result in this case, what is important is that the court did not recognize a license to discriminate based on religious beliefs. Governments may continue to enforce laws protecting LGBTQ people and others from discrimination so long as they do so even-handedly.
There is Hope
“This ruling shows that the first amendment works to protect people of faith and no new laws are needed in that regard. However, what it does show is that we need to pass greater protections such as the federal Equality Act to make it clear that there is no place for discrimination against members of the LGBT community.”- Jeff Graham, Executive Director, Georgia Equality
Georgia Equality held a Virtual Press Conference to break down the court’s decision, its potential impact and to respond to questions. A panel of advocates, legal and religious voices, addressed the decision outcome, its implication and its impact.
View Press Conference Here: https://www.facebook.com/GAEquality/videos/333599734799262
The day of the decision, Sean Young, Legal Director at the American Civil Liberties Union of Georgia, made this statement…
“The Court left the door open to Philadelphia revising its standard foster care agency contract to prohibit LGBTQ discrimination across the board. Importantly, the Court did not say whether an agency is entitled to a religious exemption when a nondiscrimination law applies across the board. Nothing in today’s decision prevents Georgia or any Georgia municipality from protecting LGBTQ people from discrimination.”
