Christian Foster Care Agency Wins Supreme Court Same-sex Placement Suit

Christian-based foster care programs were handed a major victory last week after the U.S. Supreme Court—in a rare unanimous decision—ruled the city of Philadelphia can't exclude agencies that won't place children with same-sex couples because doing so is not in accordance with the religious beliefs of the agency.

The Supreme Court ruled that the city of Philadelphia cannot discriminate against religious organizations for their sincerely held religious beliefs about marriage.

The Supreme Court voted unanimously in favor of Catholic Social Services, allowing them to retain the right to place foster children in homes with a mother and a father in a heterosexual marriage.

According to the Christian Post, the High Court determined city officials wrongly severed ties with Archdiocese of Philadelphia and its Catholic Social Services for refusing demands to place children in same-sex households.

The 110-page decision, Fulton v. City of Philadelphia, overturns a decision by a three-judge panel of the U.S. Court of Appeals for the Third Circuit. While a major victory for the diocese, the decision is narrow and likely does not apply to any other jurisdictions.

In its ruling, the court found that the city’s foster care policy violates the First Amendment. In his opinion, Chief Justice John Roberts seemed to focus on a legal point that is often misapplied by progressives: The separation of church and state is not a weapon to remove religion from the public square, but rather a fundamental right designed to protect the church from government interference. In previous High Court decisions, for instance, justices have often used a neutrality test. In other words, the government should neither advance nor inhibit religion, a key point in Roberts’ opinion.

“The City has burdened the religious exercise of CSS through policies that do not meet the requirement of being neutral and generally applicable,” Roberts wrote.

“Government fails to act neutrally when it proceeds in a manner intolerant of religious beliefs or restricts practices because of their religious nature.”

Although the decision was unanimous, several justices wrote concurring opinions, including Justice Samuel Alito expressing concern that the ruling did not go far enough. Justices Clarence Thomas and Neil Gorsuch also signed the Alito opinion.

“The City has been adamant about pressuring CSS to give in, and if the City wants to get around today’s decision, it can simply eliminate the never-used exemption power,” Alito wrote.

“Not only is the Court’s decision unlikely to resolve the present dispute; it provides no guidance regarding similar controversies in other jurisdictions.”

Prayerfully, this win will set a precedent across the nation that religious organizations and individuals have the right to hold and practice their beliefs regarding marriage and only place children with mother and father families.