The United States Supreme Court has ruled on Thursday in a unanimous decision that a Christian foster agency must not be forced to place kids with same-sex couples.
The Christian Post said that the judges sided with the Archdiocese of Philadelphia Catholic Services in the case "Sharonell Fulton et. al. v. City of Philadelphia" for following their religious beliefs in refusing to place children with same sex couples. The Christian Post explained that the state of Philadelphia ceased in 2018 their affiliation with the Archdiocese's Catholic Social Services, along with that of the Bethany Christian Services of Greater Delaware Valley, since the said organizations refused to place children with same sex couples.
The judges' decision reversed that of the U.S. Court of Appeals Third Circuit and stressed that the state burdened the organization for cutting its ties with them.
"The refusal of Philadelphia to contract with CSS for the provision of foster care services unless it agrees to certify same-sex couples as foster parents cannot survive strict scrutiny, and violates the First Amendment," the judges said in the decision.
"The City's actions burdened CSS's religious exercise by forcing iteither to curtail its mission or to certify same-sex couples as foster parents in violation of its religious beliefs," they pointed out.
The decision also pointed out that the "government fails to act neutrally when it proceeds in a manner intolerant of religious beliefs or restricts practices because of their religious nature" such that the law cited on discrimination "lacks general applicability if it prohibits religious conduct while permitting secular conduct," which in turn "undermines the government's asserted interests in a similar way."
According to the case's legal counsel Becket Fund for Religious Liberty, Sharonell Fulton and Toni Simms-Busch were some of the foster parents who have long been working in the caring of children with Catholic Social Services as it is regarded as one of Philadelphia's "most successful foster agencies."
These Catholic women, the Becket Fund pointed out, have already fostered more than 45 children since they worked with Catholic Social Services. However, Philadelphia stopped placing children with foster parents like Fulton and Simms-Busch in 2018 since it was demanding that CSS either "change its religious practices or close this important ministry." Fulton then spearheaded the filing of the case against the state.
"Catholic Social Services' religious beliefs and traditions aren't a policy or set of guidelines it can change. The agency walks with the Catholic Church in its teachings about marriage and family as well as its commitment to serving the local community-and all parts of the human family-as best it can. This is why the agency is committed to serving all children in need-regardless of their race, religion, or sexual orientation," Becket Fund elaborated in the literature about the case.
Becket said Philadelphia's cutting of ties with the CSS was ironic for it was done at a time its officials admitted the great need for foster families three years ago. They stressed that CSS has "loving families ready" yet the government is "keeping them on the sidelines" causing the children "with fewer loving homes" and "left hanging."
The Christian Post said Chief Justice John Roberts delivered the case's decision and pointed out that the state can grant an exception to the law on anti-discrimination such as in the case of Philadelphia's Catholic Social Services.
Roberts said the state failed to show "CSS an exception" and needs to create a system of exceptions in its contract that "undermines the City's contention that its nondiscrimination polices can brook no departures."
In their press release posted on Wednesday, Becket Fund said the court "ruled in favor of 'exemplary' foster mothers Sharon Fulton and Toni Simms-Busch" and allowed them "to continue serving children" through their partnership with the 200-year-old CSS.
"I am overjoyed that the Supreme Court recognized the important work of Catholic Social Services and has allowed me to continue fostering children most in need of a loving home. My faith is what drives me to care for foster children here in Philadelphia and I thank God the Supreme Court believes that's a good thing, worthy of protection," Fulton announced.
