In
Fulton v. City of Philadelphia, (3d Cir., April 22, 2019), the U.S. 3rd Circuit Court of Appeals upheld against 1st Amendment challenges the City of Philadelphia's policy of refusing to contract with foster care agencies, such as Catholic Social Services, that will not place children with same-sex married couples. The court said in part:
The City’s nondiscrimination policy is a neutral, generally applicable law, and the religious views of CSS do not entitle it to an exception from that policy.
[A]t the preliminary injunction stage CSS shows insufficient evidence that the City violated the Free Exercise Clause. The Fair Practices Ordinance has not been gerrymandered..., and there is no history of ignoring widespread secular violations ... or the kind of animosity against religion found in Masterpiece. Here the City has been working with CSS for many decades.... And the City has expressed a constant desire to renew its relationship with CSS as a foster care agency if it will comply with the City’s non-discrimination policies protecting same-sex couples.
Philadelphia Inquirer reports on the decision.
