No. 19-123October Term 2019Decided Aug 17, 2021Updated May 26, 2026
Fulton v. Philadelphia
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.
Case status
Decided 9-0 · August 17, 2021 · Opinion by Chief Justice Roberts
Read the opinion (PDF)- Current stage
- Decided
- Latest event
- Decision released Aug 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
Timing
Decided August 17, 2021
The Court released its decision on August 17, 2021 without hearing oral argument.
Documents
Activity
Docket activity3
Brief added: Questions Presented
May 26, 2026 | Court records
Opinion added: opinion
Jun 17, 2021 | Court records
Brief added: Petition
Jul 22, 2019 | Court records
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Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Jul 25, 2026
- Method
- Methodology