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Constitutional Law Keyed to Choper
Fulton v. City of Philadelphia
Citation:
141 S. Ct. 1868 (2021)Facts
Catholic Social Services (CSS) is a foster care agency affiliated with the Archdiocese of Philadelphia that has served needy children for over 50 years, continuing the Catholic Church’s centuries-old mission. CSS holds the religious belief that marriage is a sacred bond between a man and a woman, and therefore will not certify unmarried couples or same-sex married couples as foster parents, believing that certification constitutes an endorsement of these relationships. In 2018, after a newspaper reported on CSS’s position, Philadelphia officials investigated and subsequently froze all new foster care referrals to CSS, stating that the agency’s policy violated both the non-discrimination provision in its contract with the City and the Fair Practices Ordinance. The City indicated it would not renew its full foster care contract with CSS unless the agency agreed to certify same-sex couples. Notably, no same-sex couple had ever approached CSS for certification, and numerous other foster agencies in Philadelphia were willing to work with same-sex couples.
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