The Supreme Court has finally agreed to hear another important religious liberty case.
The case involves Philadelphia foster moms Sharonell Fulton and Toni Simms-Busch, who together with Catholic Social Services, have been fighting the city of Philadelphia over child welfare services since 2018.
Two years ago, Philadelphia’s Department of Human Services severed ties with foster families who partnered with Catholic Social Services due to its unwillingness to place children with same-sex couples. The department claimed that working with families and the faith-based adoption agency would contradict anti-discrimination municipal ordinances. The decision left dozens of foster children in limbo without a home.
Even though Catholic Social Services has never actually received any complaints or accusations of discrimination, nor has any same-sex couple ever actually approached the adoption agency for foster placement, Philadelphia held to its belief that the agency was discriminatory and ended its partnership. Children who required stable, loving homes suffered most of all.
Faith-based organizations are excited about the Supreme Court’s decision to take this case on.
Catholic Association legal adviser Andrea Picciotti-Bayer said in a statement:
The legal organization Becket represents both foster moms, who have devoted their lives to helping children in need.
Simms-Busch is a former social worker who recently adopted the children she fostered through Catholic Social Services. In a Becket statement, she said:
It’s a shame this case even has to reach the Supreme Court. (Although I’m glad they took it.)
This issue shouldn’t have had to be litigated at all. Philadelphia’s actions toward religious agencies seem to be another act of government animus toward religion. This is an example of bigotry on the part of the state rather than any actual acts of discrimination by the faith-based organizations.
However, there are a number of cases such as this one percolating through the court systems in which states have chosen to target faith-based adoption agencies and accuse them of discrimination simply for operating according to their religious conscience. Just like another ongoing case in Michigan, these cases follow a similar pattern. Let’s hope the Supreme Court settles this issue and protects religious child welfare agencies once and for all.
