Fulton v. City of Philadelphia
Lambda Legal filed friend-of-the-court briefs in the Third Circuit U.S. Court of Appeals and again in the U.S. Supreme Court in a lawsuit over whether government can enforce nondiscrimination laws when contracting with faith-based providers to screen potential foster parents for children in state care. Our briefs, filed on behalf of organizations serving LGBTQ youth, highlight the harm to LGBTQ youth of allowing faith-based child-placing agencies to use religious criteria to reject same-sex couples who wish to serve as foster parents.
In March of 2018, the City of Philadelphia (“the City”) learned that Catholic Social Services (“CSS”), a faith-based child-placing agency contracted with the City of Philadelphia, would not certify same-sex couples as foster parents because of their religious beliefs, in violation of both CSS’s contract to provide foster care services and the City’s Fair Practice Ordinance.
The City sent CSS a letter indicating that they would no longer make referrals to religious organizations that discriminated against LGBTQ foster parents. CSS did not agree to comply and the City stopped intake of new placements of children into CSS’s care.
CSS sued the City, together with Sharonell Fulton and another foster parent who works with CSS, requesting that the court order the City to resume referrals to CSS. On July 13, 2018, the federal district court denied CSS’s motion, rejecting the argument that faith-based child welfare agencies have a constitutional right to discriminate. CSS appealed this ruling to the Third Circuit Court of Appeals.
Lambda Legal filed a brief in the Third Circuit to show how allowing CSS to discriminate against LGBTQ people would send a government-endorsed stigmatic message to LGBTQ youth that they are not worthy to be parents or have a right to equal treatment in the provision of government services. Requiring nondiscrimination in foster care system is consistent with and, in fact, mandated by the City’s legal obligation to ensure the wellbeing of LGBTQ youth in the child welfare system.
The Third Circuit Court ruled on April 22, 2019 that the City is entitled to enforce its nondiscrimination rules, and that the Constitution does not grant faith-based agencies a license to discriminate when performing a public function with public funds. CSS then sought and was granted U.S. Supreme Court review.
The parties and many friends of the court filed briefs in the Supreme Court in the late spring and through the summer of 2020. In August 2020, Lambda Legal filed an expanded friend-of-the-court brief on behalf of 28 organizations serving LGBTQ youth nationwide.
The Supreme Court held oral argument in the case on November 4, 2020.
- May 2018: CSS and three foster parents sue the City of Philadelphia in the U.S. District Court for the Eastern District of Pennsylvania, alleging violations of their religious rights and requesting an order prohibiting the City from shutting down intake to CSS.
- July 2018: U.S. District Court denies CSS’s request for an injunction, finding that the City did not violate CSS’s religious freedom because the City’s nondiscrimination ordinance was generally applicable and not targeted at a particular religion.
- July 2018: CSS files appeal in the Third Circuit Court of Appeals and requests an emergency injunction, which is denied. CSS then asks U.S. Supreme Court to enter emergency injunction.
- August 2018: Supreme Court denies CSS’s motion to issue an emergency injunction.
- October 2018: Lambda Legal files an amicus brief in the Third Circuit on behalf of organizations serving LGBTQ youth highlighting the harm to LGBTQ youth of allowing discrimination in child welfare services.
- April 2019: Third Circuit rules in favor of City of Philadelphia.
- July 2019: CSS asks Supreme Court to review the case.
- February 2020: Supreme Court agrees to review the case.
- August 2020: Lambda Legal files an amicus brief on behalf of organizations serving LGBTQ youth in the Supreme Court.
- November 4, 2020: Supreme Court holds oral argument.