Supreme Court To Hear LGBT Adoption Case On November 4
- By
- Carlos Santoscoy
- | August 20, 2020
The U.S. Supreme Court will hear oral arguments in a case challenging Philadelphia's ability to prohibit adoption agencies working with the city from discriminating against same-sex couples on the day after the general election.
The high court said that it would hear Fulton v. City of Philadelphia on November 4. The court agreed to hear the case in February.
In 2018, the city learned that Catholic Social Services was refusing to place children with gay and lesbian couples, a violation of the contract the agency signed with the city.
Catholic Social Services sued the city after it threatened to terminate its contract. The agency claims that under the First Amendment it can refuse placements with gay families for religious reasons.
The Third Circuit Court of Appeals upheld a lower court ruling denying a preliminary injunction in favor of Catholic Social Services and refused to revisit the case before the full court.
The Trump administration filed a brief in the case in favor of Catholic Social Services. The administration argued that the City of Philadelphia had “impermissibly discriminated against religious exercise” with its non-discrimination requirement.
Attorneys for the city argue that the U.S. Constitution “does not entitle CSS to perform those services on the city's behalf, with City funds, pursuant to a City contract in a manner that the City has determined would be harmful to its residents and the thousands of children it has a duty to protect.”
Catholic Social Services is being represented by the Becket Fund for Religious Liberty, which argues that LGBT protections interfere with religious freedom.
A ruling is expected as early as January.