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US Supreme Court Delivers Decision in Fulton

Fulton et al. v. City of Philadelphia, Pennsylvania, et al. held that the City’s suspension of referrals and contracting with CSS, because of their refusal to certify same sex couples, violated the Free Exercise and Free Speech Clauses of the First Amendment.

In 2018, after learning that some of its foster care providers did not certify same sex couples to be foster parents, the Philadelphia Department of Human Services ceased referrals to these agencies, one of which was Catholic Social Services (CSS). In response, CSS and three of its affiliated resource parents, filed a lawsuit against the City of Philadelphia challenging their decision to cease contracting with CSS.

On Thursday, June 17, 2021, the United States Supreme Court unanimously ruled in favor of CSS and their foster parents. Fulton et al. v. City of Philadelphia, Pennsylvania, et al. held that the City’s suspension of referrals and contracting with CSS, because of their refusal to certify same sex couples, violated the Free Exercise and Free Speech Clauses of the First Amendment.

The full opinion, including three concurring opinions, is available here.