The Supreme Court’s decision

Richard A. Sokerka

In the days leading up to Religious Freedom Week June 22–29, the U.S. Supreme Court made the celebration of the week even more important. With its unanimous 9–0 decision in Fulton v. City of Philadelphia, it defended our religious freedom.

In 2018, Philadelphia ceased placing children with foster parents that partner with Catholic Social Services demanding that the agency change its religious practices (the belief in traditional marriage as between one man and one woman) or close their much-needed ministry. The city cut off CSS for its refusal to place children with same-sex couples despite the fact that the agency serves all children in need, regardless of race, creed or sexual orientation.

As part of the Catholic Church, however, the agency could not endorse same-sex or unmarried couples as agency partners serving foster children in need. CSS did say it would refer same-sex couples to another one of the 30 agencies in the city. However, that was not enough for the city, so the suit ensued.

Chief Justice Roberts made clear that the city could not exclude Catholic Social Services simply because city officials disagree with the religious agency’s sincere Catholic beliefs about marriage. The Justices also recognized that protecting faith-affirming agencies will ensure foster children in need have every opportunity available to find a loving home. As the Court explained, “The city apparently prefers to risk leaving children without foster parents than to allow CSS to follow its religiously dictated policy, which threatens no tangible harm.”

The Court’s opinion also confirmed, “CSS seeks only an accommodation that will allow it to continue serving the children of Philadelphia in a manner consistent with its religious beliefs.”

A statement from the U.S. Conference of Catholic Bishops (USCCB) said, “Americans have long been a tolerant people who respect each other’s deepest differences. The Supreme Court unanimously upheld that tradition, reinvigorating the First Amendment’s promise that religious believers can bring the full vitality of their faith to their charitable service and to the public square. This is a victory for the common good and for thousands of children who rely on religious foster care and adoption agencies to find a loving home with a mother and father, which is their right. We are grateful the ruling recognizes our right to witness in our works of mercy and God’s plan for the family. We Catholics must continue to practice what we preach. Let us show all our neighbors the truth of our beliefs by their beauty when they are put into action.”

Justice Roberts noted the issue in Fulton was not about anti-gay discrimination or a lack of opportunities for gay couples in Philadelphia to be foster parents, but about forcing CSS to renounce its religious beliefs.

Many opponents to religious freedom support expelling faith-based institutions from the field of adoption and foster care that adhere to traditional teachings on marriage and sexuality.

The central point of religious liberty battles in recent years has been government pressure on religious institutions and individuals to accept same-sex marriage and other aspects of LGBTQI+ agenda in violation of what their faith teaches on these moral issues. This case was no different. Even the Court’s liberal justices agreed: This was a case of discrimination - against Catholics and against our religious liberty as guaranteed by the Constitution of the United States.