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No. 19-123October Term 2019Decided Aug 17, 2021

Docket 19-123October Term 2019 (2019–2020)

Fulton v. Philadelphia

This case will test how far a city can go in enforcing anti-discrimination rules when it partners with a religious agency.

Case status

Current stage
Decided
Latest event
Decision released Aug 17, 2021
Case Accepted
Arguments
Decision ReleasedAug 17, 2021
What it's about

Philadelphia stopped working with Catholic Social Services in its foster-care program because the agency, for religious reasons, would not certify same-sex couples as foster parents. The case asks whether the city’s decision violated the agency’s First Amendment rights, especially its right to freely exercise religion.

Question presented

1. Whether free exercise plaintiffs can only succeed by proving a particular type of discrimination claim-namely that the government would allow the same conduct by someone who held different religious views-as two circuits have held, or whether courts must consider other evidence that a law is not neutral and generally applicable, as six circuits have held? 2. Whether Employment Division v. Smith should be revisited? 3. Whether a government violates the First Amendment by conditioning a religious agency's ability to participate in the foster care system on taking actions and making statements that directly contradict the agency's religious beliefs?

Case path

United States Court of Appeals for the Third Circuit / Decision released Aug 17, 2021

Area

First Amendment, Administrative Law, Civil Rights

Briefing

What it's about

Philadelphia stopped working with Catholic Social Services in its foster-care program because the agency, for religious reasons, would not certify same-sex couples as foster parents. The Supreme Court is being asked whether that violated the agency's First Amendment rights and whether Employment Division v. Smith should be revisited.

Vote

The case is pending, and no Supreme Court decision is available yet. The Court is being asked whether Philadelphia's policy burdened religious exercise and whether Employment Division v. Smith should be reconsidered.

Impact

The case could shape how governments work with religious groups in public programs like foster care. For example, it may affect whether a faith-based agency can keep a city contract while following its religious beliefs.

What's next

Watch for oral argument or another scheduling move from the Court. No decision window is available yet.

What is the core dispute in Fulton v. Philadelphia?

The fight is over whether Philadelphia could stop working with Catholic Social Services because it would not certify same-sex couples. The agency says that condition violated its religious freedom.

Who could be affected by this case in the real world?

Faith-based foster-care agencies, city governments, and families seeking foster placements could all feel the effects. The answer may shape contract rules in similar public programs.

What should people watch for next in this case?

The next major step is oral argument or another scheduling update from the Supreme Court. There is no decision timeline available yet.

Decision

Decision record

What the Court decided

This case will test how far a city can go in enforcing anti-discrimination rules when it partners with a religious agency.

Impact

The case could shape how governments work with religious groups in public programs like foster care. For example, it may affect whether a faith-based agency can keep a city contract while following its religious beliefs.

Not official Court text.

Opinion documents

Timing

Decided August 17, 2021

The Court released its decision on August 17, 2021 without hearing oral argument.