One day after the US presidential election, the US Supreme Court will hear arguments in a blockbuster religious freedom case.
Fulton v. City of Philadelphia is one of the first cases of new Supreme Court appointee Amy Coney Barrett and one of the biggest cases of the Court’s term.
The case could hand religious conservatives a major victory in a battle over whether the US Constitution protects the right to discriminate against LGBTQ people on religious grounds.
The justices are reviewing Philadelphia’s decision to exclude Catholic Social Services (CSS), from its foster care system. The church agency has refused to abide by the city’s non-discrimination policy.
CSS argues it has a First Amendment right to decline to certify same-sex couples for foster parenthood. This is based on the right to free exercise of religion, and the Roman Catholic Church’s teachings on marriage.
Lori H. Windham, a senior counsel at the law firm representing the religious agency, says there are 28 other foster care agencies in Philadelphia. Three of the agencies have special expertise in serving the LGBTQ community. Windham argues that CSS “would help them to find a foster care agency with expertise in serving LGBTQ couples.”
“But Philadelphia’s government says that’s not enough, and it won’t allow any more foster kids to be placed with families who work with Catholic Social Services.”
Philadelphia responded in its merits brief that “the Constitution does not grant CSS the right to dictate the terms on which it carries out the government’s work,” the city said.
“CSS lacks a constitutional right to demand that it be granted a government contract to perform a government function using government funds without complying with the same contractual obligation that every other [foster family care agency] must follow.”
Fulton v. City of Philadelphia was likely to end in victory for the conservatives even before Justice Amy Coney Barrett’s confirmation gave them a 6-3 majority on the Supreme Court.
With Barrett now on the Court, the religious freedom case is overwhelmingly likely to end in a significant defeat for LGBTQ equality.