Quiz 85 -- Background facts to Fulton v. City of Philadelphia, Pennsylvania

The Religion Law Quiz Podcast

The issue in Fulton v. City of Philadelphia, Pennsylvania, 141 S. Ct. 1868, 1874 (2021) was whether the “the actions of Philadelphia violate the First Amendment.” By way of background, “Catholic Social Services [“CSS”] is a foster care agency in Philadelphia. The City stopped referring children to CSS upon discovering that the agency would not certify same-sex couples to be foster parents due to its religious beliefs about marriage. The City will renew its foster care contract with CSS only if the agency agrees to certify same-sex couples.” Fulton v. City of Philadelphia, Pennsylvania, 141 S. Ct. 1868, 1874 (2021).

When we hear of legal battles such as this we tend to make snap pre-judgments about one side or the other before considering all the facts. With that in mind, let’s see how you do on this series of True/False questions about the facts of the Fulton case.

1 – True or False: CSS would not certify an unmarried heterosexual couple for adoption.

2 – True or False: CSS would not certify a married homosexual couple for adoption.

3 – True or False: CSS would not object to certifying a gay or lesbian person who is single.

4 – True or False: If a same-sex couple sought certification from CSS then CSS would refer the couple to one of the more than 20 other agencies in Philadelphia that would certify same-sex couples.

(Scroll down for the answer)

Answer: The response to all four questions is “True”. Here’s how the Supreme Court articulated the facts:

The religious views of CSS inform its work in this system. CSS believes that “marriage is a sacred bond between a man and a woman.” Because the agency understands the certification of prospective foster families to be an endorsement of their relationships, it will not certify unmarried couples—regardless of their sexual orientation—or same-sex married couples. CSS does not object to certifying gay or lesbian individuals as single foster parents or to placing gay and lesbian children. No same-sex couple has ever sought certification from CSS. If one did, CSS would direct the couple to one of the more than 20 other agencies in the City, all of which currently certify same-sex couples. For over 50 years, CSS successfully contracted with the City to provide foster care services while holding to these beliefs.
Fulton v. City of Philadelphia, Pennsylvania, 141 S. Ct. 1868, 1875 (2021)

Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.

HERE IS AN AI GENERATED SUMMARY OF TODAY’S PODCAST

Welcome to another episode of the Religion Law Podcast, where our host, Michael Fielding, shares insights on religious freedom and religion law-related topics through a short Q&A format. Today's episode dives into the Supreme Court's 2021 decision, Fulton v. City of Philadelphia, Pennsylvania. The focus is on introducing and detailing the key facts of the case.

In this 85th Religion Law Quiz, we first take a closer look at Catholic Social Services (CSS), a foster care agency in Philadelphia. The city stopped referring children to CSS upon discovering that the agency would not certify same-sex couples as foster parents due to religious beliefs about marriage. We also unravel what CSS would do or not do regarding foster care certifications.

The host then proposes four true-or-false questions to test listeners' knowledge about the facts in the Fulton case. By answering these questions, listeners gain a better understanding of this complex case that battles same-sex certification and religious freedom.

Importantly, this episode summarises the supreme court's perspective on CSS's actions based on religious views regarding marriage and the certification process for prospective foster families. This pivotal groundwork set in this episode will enable listeners to follow along in upcoming quizzes where we will be deep-diving into legal principles outlined in the Fulton decision.

Remember, the Religion Law Quiz series is for educational purposes only and should not be used as legal advice. Share this episode and leave a review if you find it helpful. Until the next episode, keep questioning and exploring religious laws and their implications.