Fulton v. Philadelphia

In 2018, Philadelphia stopped referring foster children to Catholic Social Services (CSS) because CSS would not certify same-sex couples as foster parents, citing religious beliefs. Sharonell Fulton and other foster parents, together with CSS, sued the city, arguing this violated the First Amendment’s Free Exercise Clause. The U.S. Supreme Court took up the case. On June 17, 2021, the Court ruled unanimously that Philadelphia’s non-discrimination requirement was not generally applicable because the city’s foster care contract allowed individual exemptions. As a result, the city’s action triggered strict scrutiny under the Religious Freedom Restoration Act, which it failed to satisfy, thus violating CSS’s religious liberty rights.

The Supreme Court ruled unanimously that Philadelphia’s actions violated the Free Exercise Clause. The Court held that the city’s policy was not neutral and generally applicable because it permitted individualized exemptions, which triggered strict scrutiny under the Religious Freedom Restoration Act. The city could not satisfy this heightened standard, and the judgment of the lower court was reversed.

Whether the City of Philadelphia violated the Free Exercise Clause by refusing to contract with Catholic Social Services due to its religious objection to certifying same-sex couples, given that the contract’s non-discrimination provision allowed for discretionary exemptions and was therefore not a generally applicable policy.

The ruling strengthened protections for religious organizations seeking exemptions from anti-discrimination laws without overturning the Smith precedent. It emboldened faith-based groups and intensified the national debate over the balance between LGBTQ rights and religious liberty, impacting how local governments structure social service contracts and non-discrimination clauses.