U.S. Supreme Court Rules Philadelphia Discriminated Against Catholic Foster Care Agency

Summary by Rex Apps

On June 17, 2021, the U.S. Supreme Court ruled the City of Philadelphia demonstrated anti-religious bias in refusing to contract with Catholic Social Services (CSS) for recruiting and licensing foster parents because CSS excludes same-sex couples from its licensing process. This runs contrary to the nondiscrimination requirements the City has put forth in its contracts. The Court held the City’s system violated CSS’s religious rights because it permits agencies to obtain exceptions for the nondiscrimination rules for some reasons, but not for religious reasons.

Lambda Legal called the ruling "troubling but, importantly, it refused to give a free pass to people or agencies that want to discriminate against LGBTQ people for religious reasons."

Foster care is a government function, and all governments have a compelling interest in ensuring their contract agencies, including those that are faith-based, treat all children and families equally. At least for now, different-sex married couples have access to all city agencies, while same-sex couples do not.

It is not all about the couples either. Data shows, LGBTQ foster children constitute almost one-third of all children in the foster care system and are over-represented in group homes and facilities because of a lack of foster homes. These children need a child care system that is welcoming to all. Unfortunately, it is maybe those children who will suffer the most from not having the opportunity to have a loving home to be placed with./