In March of 2018, the city of Philadelphia issued an urgent call for more foster families, saying that they were in need of 300 families who would be willing to open their homes to vulnerable children in the city. At the time, there were 250 children in Philadelphia in group homes waiting for family placement. These children needed compassion, stability, comfort, and security as they processed and healed from recent abandonment, neglect, abuse, or loss. As the city drew attention to this urgent need, they also made the sudden decision to stop working with Catholic Social Services (CSS), one of the 30 private foster care agencies the city contracts with to help place children with foster families.
CSS has been faithfully ministering to the city of Philadelphia for 200 years. What caused the city to suddenly end their relationship at a time when CSS’s services were more needed than ever? CSS upholds Christian teaching on marriage and sexuality. As such, if they were ever approached by an LGBT couple looking to become foster parents, they would refer the couple to another agency. Despite the fact that this has never happened, that there have been no complaints about this policy, and that CSS has always been one of the top-ranking foster care agencies in Philadelphia, the city stopped referring foster children to them and demanded that they abandon their sincerely held religious beliefs if they wanted to continue serving in foster care in Philadelphia.
Two years later, Philadelphia still has 250 children in group homes waiting for family placement while the city refuses to work with families who would be happy to welcome those children into their homes. Philadelphia city officials have put their anti-religious bigotry ahead of the well-being of vulnerable children.
Sharonell Fulton and Toni Simms-Busch have both partnered with CSS to welcome children into their homes. Between the two of them, they have cared for 45 children in Philadelphia. In response to the city’s refusal to continue working with CSS, the two women filed a lawsuit pointing out that the city’s policies are a violation of religious freedom. On November 4th, the Supreme Court heard oral arguments for this important case.
During the November 4th arguments, it was pointed out that of the 30 foster care agencies working with Philadelphia, 29 of them will certify same-sex couples as foster parents. Allowing CSS to continue operating in accordance with their religious beliefs does not reduce the number of foster care providers in the city, nor does it keep same-sex couples from becoming foster parents. As Justice Alito pointed out,
If we are honest about what’s really going on here, it’s not about ensuring that same-sex couples in Philadelphia have the opportunity to be foster parents. It’s the fact the City can’t stand the message that Catholic Social Services and the Archdiocese are sending by continuing to adhere to the old fashion view about marriage.
Hashim Mooppan, deputy assistant attorney general for the Justice Department noted that, “What the city has done is worse than cutting off its nose to spite its face, what it is doing is cutting off homes from the most vulnerable children in the city to spite the Catholic church.” Because the city cannot stand CSS’s religious beliefs, Philadelphia would rather allow 250 children to go without caring homes than work with an agency that has been serving the city for two centuries.
Under law, CSS is not able to offer foster care services unless if they work with the city to do so. Ryan T. Anderson wrote,
The basic facts here are that Catholics have been caring for widows and orphans longer than the City of Brotherly Love has existed. And when it comes to orphan care, Catholic groups have been serving Philadelphia’s children for over 200 years, while the city itself only entered the space 50 years ago. More than 8,000 faith-based agencies across the country stand to be affected by the Supreme Court’s ruling. Can the government take over an area of historic ministry to the needy, and then impose rules and regulations that violate religious liberty?
Philadelphia’s policies are a violation of religious freedom and, if upheld, could force thousands of faith-based organizations out of an area of ministry where Christians have been active for centuries. Although CSS has been willing to make reasonable accommodations by making referrals to other agencies if they are approached by a same-sex couple, the city will not allow this. With over 200 children waiting for homes, Philadelphia’s hostility toward religious freedom comes at a very high cost.
