An unusual U.S. Supreme Court ruling found that religious social services agencies are protected under the First Amendment, despite municipal allegations that religious views open gateways to discrimination.
In a rare unanimous decision, the U.S. Supreme Court ruled in favor of Catholic Social Services, a Philadelphia agency that offers foster care and adoption services, among others. The court held that Philadelphia’s refusal to contract with CSS on the grounds that their religious views prevent compliance with local discrimination policies violates the Free Exercise Clause of the First Amendment.
David Hacker, director of litigation for the First Liberty organization, told Southeast Texas Record that the ruling protects longtime practices that serve families and children.
"We are thankful the Supreme Court affirmed the ability of religious organizations to provide services in cooperation with the government without having to abandon their beliefs," Hacker said.
Catholic Social Services has worked for the city for decades. Philadelphia relies on contracts with private agencies to screen foster parents.
Philadelphia’s contracts contain a broad nondiscrimination clause, however, as Chief Justice Roberts observed. The contracts also authorize the city’s human-services department to grant exemptions, which they are known to do for secular reasons, as reported by the Wall Street Journal.
"The court’s decision ensures that religious adoption providers can continue their centuries-old work serving families and children without suffering government discrimination," Hacker said.
What does the federal decision mean for the foster care system in Texas? A 2021 poll of registered Texas voters found that 76% support a community-based model for foster care. This represents an increase from March of 2020, where 62% expressed support for the model.
Hacker said that the ruling falls in line with current Texas laws.
In 2017, the Texas Legislature enacted a series of reforms to the state's foster care system. Chief among these was a shift toward a community-based care model which gives local private and nonprofit charities primary responsibility for caring for foster care children within their communities.
"The Fulton decision complements Texas laws, like House Bill 3859, that the Legislature passed in 2017 to provide robust religious liberty protections for child placing agencies," Hacker said.
Four years ago, the Texas Tribune reported that HB3859 protects adoption agencies and social services from legal action if they impose religious beliefs upon foster children, including denial of contraceptives and placement in religious schools.
Research suggests that the community-based care model in Texas is performing well, better even than the state-run foster care system.
According to testimony submitted to the Texas Senate Finance Committee by Andrew Brown, a senior fellow of child and family policy at the Texas Public Policy Foundation, data from the four regions of Texas currently operating in the community-based care model showed positive results where local providers were taking the lead, even out-performing the state-run system in the areas of child safety, placement stability, and placement in the least restrictive settings.
"Community-based care is the future of foster care in Texas," Brown said in his testimony, "and the Texas Public Policy Foundation fully supports its expansion statewide."