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




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology
Primary materials10
Supreme Court docket 19-123
docket | Jul 25, 2026
Primary case document
Supreme Court document | Jul 25, 2026
CourtListener docket record
docket | Jul 25, 2026
Questions Presented
brief | May 27, 2026
opinion
opinion | Jun 17, 2021
Petition
brief | Jul 22, 2019
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026