Fulton v. Philadelphia
View Official PDFBelow are plain-language sections to help you understand what the Court decided in Fulton v. Philadelphia and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of Fulton v. Philadelphia.
The Supreme Court ruled that Philadelphia's refusal to contract with Catholic Social Services (CSS) unless it agreed to certify same-sex couples as foster parents violated the Free Exercise Clause of the First Amendment. The Court found that the City's actions were not neutral or generally applicable, thus failing to meet the requirements set by precedent. The decision emphasized that the City's policy could not survive strict scrutiny.
Holding
The single most important “bottom line” of what the Court decided in Fulton v. Philadelphia.
The Court held that Philadelphia's refusal to contract with CSS unless CSS agrees to certify same-sex couples as foster parents violates the Free Exercise Clause of the First Amendment.
Constitutional Concepts
These are the Constitution-related themes that appear in Fulton v. Philadelphia. Click a concept to see other cases that involve the same idea.
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Why Free Exercise of Religion is relevant to Fulton v. Philadelphia
The Court held that Philadelphia's refusal to contract with CSS unless it agreed to certify same-sex couples violated the Free Exercise Clause.
Syllabus excerpt (verbatim)Held: The refusal of Philadelphia to contract with CSS for the provision of foster care services unless CSS agrees to certify same-sex couples as foster parents violates the Free Exercise Clause of the First Amendment.
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Why Judicial Review is relevant to Fulton v. Philadelphia
The Court exercised its power to review and invalidate Philadelphia's policy as unconstitutional under the Free Exercise Clause.
Syllabus excerpt (verbatim)The judgment of the United States Court of Appeals for the Third Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.
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Why Free Speech is relevant to Fulton v. Philadelphia
The case involved a challenge under the Free Speech Clause, although the Court did not decide on this basis.
Syllabus excerpt (verbatim)The Court does not consider whether the City's actions also violate the Free Speech Clause.
Key Quotes
Short excerpts from the syllabus in Fulton v. Philadelphia that support the summary and concepts above.
The refusal of Philadelphia to contract with CSS for the provision of foster care services unless CSS agrees to certify same-sex couples as foster parents violates the Free Exercise Clause.
The City's actions burdened CSS's religious exercise by forcing it either to curtail its mission or to certify same-sex couples as foster parents in violation of its religious beliefs.
The City does not have a compelling interest in refusing to contract with CSS.
