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No. 19-123October Term 2019Decided Aug 17, 2021Updated May 26, 2026

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

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
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

Timing

Decided August 17, 2021

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

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