Supreme Court of the United States

Fulton v. Philadelphia

August 17, 2021

Summary

The Supreme Court held that Philadelphia's refusal to renew its foster‑care contract with Catholic Social Services unless the agency certifies same‑sex couples violates the Free Exercise Clause because the contract’s non‑discrimination requirement is not generally applicable and fails strict scrutiny, and that the city's Fair Practices Ordinance does not apply to the agency's certification function. The judgment of the Third Circuit was reversed and the case remanded.