Fulton v. City of Philadelphia

E11639

Fulton v. City of Philadelphia is a 2021 U.S. Supreme Court case in which the Court unanimously ruled that Philadelphia violated a Catholic foster care agency’s religious freedom by excluding it from the foster program over its refusal to certify same-sex couples.


Statements (49)
Predicate Object
instanceOf First Amendment case
United States Supreme Court case
court case
religious freedom case
appliedTest strict scrutiny
concerns Catholic Social Services foster care program
City of Philadelphia foster care system
decisionType unanimous decision
didNotOverrule Employment Division v. Smith
hasArgumentDate 2020-11-04
hasChiefJustice John G. Roberts, Jr.
hasCitation 141 S. Ct. 1868
210 L. Ed. 2d 137
593 U.S. ___
hasConcurringJustice Amy Coney Barrett
Brett M. Kavanaugh
Clarence Thomas
Elena Kagan
Neil M. Gorsuch
Samuel A. Alito, Jr.
Sonia Sotomayor
Stephen G. Breyer
hasCourt Supreme Court of the United States
hasDecisionDate 2021-06-17
hasDocketNumber 19-123
hasLegalIssue Free Exercise Clause of the First Amendment
LGBT rights and foster care certification
religious freedom in government contracting
hasOpinionAuthor John G. Roberts, Jr.
hasPetitioner Catholic Social Services
Sharonell Fulton
hasRespondent City of Philadelphia
hasSubjectArea LGBT rights in the United States
civil rights law
constitutional law
religion and the law
hasTerm October Term 2020
hasVote 9-0
holding Philadelphia violated the Free Exercise Clause by refusing to contract with Catholic Social Services unless it agreed to certify same-sex couples as foster parents
The City’s refusal to contract with Catholic Social Services unless it agreed to certify same-sex couples burdened religious exercise and was not justified under strict scrutiny
interpretsPrecedent Employment Division v. Smith
involves religious objections to certifying same-sex couples
same-sex couples seeking foster parent certification
jurisdiction federal question jurisdiction
originatedFrom United States Court of Appeals for the Third Circuit
relatedTo Masterpiece Cakeshop v. Colorado Civil Rights Commission
Obergefell v. Hodges
reliefGranted injunctive relief allowing Catholic Social Services to participate in the foster care program without certifying same-sex couples
reversed Third Circuit decision

Referenced by (1)
Subject (surface form when different) Predicate
Free Exercise Clause
interpretedInCase

Please wait…