Fulton v. City of Philadelphia

Last Updated: December 16, 2021

On June 17, 2021, the Supreme Court declined to create a constitutional “right” for taxpayer-funded faith-based child welfare agencies to discriminate based on their religious beliefs. Additionally, the Supreme Court upheld the right of state and local governments to maintain non-discrimination policies. But, these policies cannot provide a mechanism for discretionary exemptions.

The Court’s narrow ruling was decided based on the specific contract in Philadelphia. However, the decision still caused harm to LGBTQ+ youth and families in Philadelphia. These families, and all families, deserve to be unequivocally affirmed and respected in the foster care system.

About Fulton v. City of Philadelphia

The City’s contract with these two agencies prohibits discrimination like this. So, the City refuses to renew its contracts unless the agencies abide by its requirements. One agency agrees to stop discriminating. However, the other agency (CSS) refuses to comply.

March 2018

City of Philadelphia learns that two city-contracted foster care agencies refuse to certify same-sex couples as foster parents. Their refusal is based on the agencies’ religious beliefs.

CSS claims that it has a First Amendment right to continue its taxpayer-funded contracted work. This, despite the fact that their refusal to certify same-sex couples as foster parents violates its contract with the City.

May 2018

CSS sues the City of Philadelphia in the US District Court for the Eastern District of Pennsylvania.

The Court found that Philadelphia was allowed to prohibit discrimination by its contracted agencies. This affirms the city’s interest in ensuring a diverse and broad pool of foster parents and caregivers. Additionally, the decision also ensures that taxpayers are not denied access to the services provided by these contracts.

July 2018

The District Court holds that CSS does not have a right to discriminate against prospective foster parents based on its religious beliefs.

A few months later, Family Equality joins COLAGE, represented by our pro bono counsel Bryan Cave Leighton Paisner, LLP, in filing a “friend of the court” brief to support the City of Philadelphia.

July 2018

CSS appeals the decision to the US Court of Appeals for the Third Circuit.

By upholding the District Court’s opinion, the Court rules that religiously motivated conduct is not exempted from general, neutrally-applied legal requirements such as the City’s general nondiscrimination requirement.

April 2019

The US Court of Appeals for the Third Circuit rejects CSS’ argument.

July 2019

CSS files an appeal with the US Supreme Court.

February 2020

The US Supreme Court agrees to hear the case.

Our brief illustrates the impact and harm of anti-LGBTQ+ discrimination through the voices of people who experience it.

August 2020

Family Equality joins PFLAG National, represented by our pro bono counsel, Bryan Cave Leighton Paisner, LLP, in filing a “friend of the court brief” supporting the City of Philadelphia.

Our brief illustrates the impact and harm of anti-LGBTQ+ discrimination through the voices of people who experience it.

November 2020

The Supreme Court hears oral arguments.

June 2021

Supreme Court issues a narrow, case-specific decision in favor of CSS. The decision finds that the nondiscrimination provision in Philadelphia’s contract violates the free exercise clause of the First Amendment. This is because the contract allows for discretionary exemptions to the nondiscrimination requirement. Yet, the city failed to grant CSS an exemption.

Yes, the Supreme Court refused CSS’ invitation to grant a broad license to discriminate. However, the decision is undoubtedly harmful to the LGBTQ+ youth and families in Pennsylvania.

Family Equality’s Amicus Briefs in Fulton v. City of Philadelphia

Family Equality’s amicus briefs in Fulton v. City of Philadelphia illustrate the impact of anti-LGBTQ discrimination through the voices of the people who experience it. Above all, the stories demonstrate how discrimination reduces the number of homes available to children in foster care. In particular, they explore the safe, loving homes that LGBTQ+ families provide when discrimination does not get in the way.

On October 4, 2018, Family Equality filed a “friend of the court” (or amicus curiae) brief in federal appellate court to support the City of Philadelphia. Family Equality was joined in the brief by COLAGE, and was represented by our pro bono counsel Bryan Cave Leighton Paisner, LLP.

On August 20, 2020, Family Equality filed an amicus brief with the U.S. Supreme Court in support of the City of Philadelphia, joined by PFLAG National, and again represented by our pro bono counsel Bryan Cave Leighton Paisner, LLP.

Explore More about Fulton v. City of Philadelphia

As we awaited a decision in Fulton v. City of Philadelphia, we asked LGBTQ+ parents, people of faith, child welfare experts, and youth in foster care across the country: should we allow government-funded agencies to discriminate based on their religious beliefs? This is what they said.

Supreme Court Hands Down Narrow, Case-Specific Ruling in Fulton v. Philadelphia

The Court’s decision focuses on the particular facts of this case and allows governments to continue to prohibit discrimination against LGBTQ people.

Family Equality Files U.S. Supreme Court Brief in Fulton v. City of Philadelphia Child Welfare Discrimination Case

Family Equality submitted an amicus curiae brief in a case that endangers hundreds of thousands of children in the child welfare system, and could create

Supreme Court to Hear Foster Care Discrimination Case Involving Religious Minorities and LGBTQ Families

WASHINGTON, D.C. — Today the Supreme Court agreed to hear Fulton v. City of Philadelphia, a case that could have a profound impact on the