Amicus Briefs
Fulton v. City of Philadelphia
CASE SUMMARY
In 2018, Philadelphia abruptly terminated foster placement through Catholic Social Services (CSS) leaving foster parents like Sharonell Fulton, who has fostered more than 40 children, without CSS’s support.
Philadelphia left its policy decision to the City’s Department of Human Services (DHS)—an administrative agency. This was problematic because, in comparison with legislative policymaking, administrative policymaking is unresponsive to the interests of religion—especially relatively orthodox or traditional religion—thus rendering resulting policies unequal and unconstitutional under the First Amendment’s Free Exercise Clause.
NCLA filed an amicus brief in June 2020 in support of the plaintiffs, arguing that the administrative process by which Philadelphia instituted its foster care policy was inherently tilted against religious Americans and that the City’s actions violated the Free Exercise Clause of the First Amendment.
In a win for NCLA, on June 17, 2021, a unanimous Supreme Court ruled in favor of Catholic Social Services and three affiliated foster parents in their lawsuit against the City of Philadelphia after being excluded from a foster-care program based on their religious beliefs.
The Court was correct that the refusal of the City to contract with CSS for foster care services unless the organization agreed to act against its religious beliefs did not survive strict scrutiny and violated the First Amendment. Under strict scrutiny, a policy must be narrowly tailored to advance the City’s compelling interest. The Court held that extending an exemption to CSS would not harm the City’s interests in maximizing the number of foster families or avoiding liability.
OUR TEAM
RELEVANT MATERIALS
NCLA FILINGS
PRESS RELEASES
In NCLA Amicus Win, Unanimous Supreme Court Protects Free Exercise of Religion for Foster Parents
June 17, 2020 | Read More
NCLA Asks US Supreme Court to Recognize that Administrative Policymaking Is Profoundly Unequal for Religious Americans
June 3, 2020
IN THE MEDIA
The Hamburger Court
The New York Sun
February 8, 2023
U.S. Supreme Court ruling provides hope in ongoing fight for religious liberty
The Christian Index
February 8, 2023
Supreme Court Says Philadelphia Can’t Cut Ties With Catholic Foster Care Group
Courthouse News Service
February 8, 2023
How the Founders’ Natural Law Theory Illuminates the Original Meaning of Free Exercise
The Federalist Society
February 8, 2023
Our Anti-Catholic Administrative State by Philip Hamburger
October 30, 2020