The U.S. Supreme Court unanimously ruled that Philadelphia decided to stop cooperating with Catholic social service organizations that refused to recognize same-sex couples as adoptive parents.

This Unanimous decision It may have a national impact on religious groups seeking to use the free exercise clause of the First Amendment to protect organizational decisions that conflict with anti-discrimination policies, especially in government contracts.

The case stems from Philadelphia’s decision in 2018 to stop referrals of foster care cases to the Catholic Department of Social Services, a long-term institution in the city that provided a series of mission-based assistance under the banner of the Archdiocese of Philadelphia.

Although CSS does not oppose the certification of gay men or lesbians as single adoptive parents, nor does it oppose the placement of gay children, the organization refuses to certify same-sex married couples on the grounds that doing so would be an endorsement of their relationship.

The city has maintained a contractual relationship with CSS for more than 50 years, during which no same-sex couple has sought certification from a Catholic organization. Under normal circumstances, these couples will choose to be certified by another organization instead of raising religious objections to their marital status.

In 2018, Philadelphia froze its foster referral relationship with CSS in response to the review of the Philadelphia Inquirer’s report and the growing discomfort within the Department of Public Service, which called on CSS to adapt to the changes in attitude reflected by Pope Francis.

When Philadelphia changed its policy, Bethany Christian Services, another agency that signed a foster care contract with the city, agreed to change the policy and certify same-sex couples.

Against the new requirements, CSS and three adoptive parents sued the city on the grounds that the freezing violated the agency’s First Amendment rights. The Child Advocate Support Center and Philadelphia Family Pride were also named defendants in this case.

The U.S. District Court and the Court of Appeals for the Third Circuit both sided with Philadelphia previously, pointing out that the adoption of government programs to facilitate the foster care certification process would limit claims for violations of freedom of movement. The court also argued that the city’s contract terms and possible language that prohibits same-sex discrimination are neutral to all contracting agencies, and that the city will be applied equally as a manager, and not specifically targeted at religious groups.

The Supreme Court’s review of the case eventually led to the conclusion that the city’s policies did violate CSS’s First Amendment rights.

Chief Justice John Roberts wrote in the Supreme Court opinion: “CSS only seeks a facility that enables it to continue to serve the children of Philadelphia in a manner consistent with its religious beliefs; it does not seek to bring these Faith is imposed on anyone else in court. “Philadelphia refuses to sign a contract with CSS to provide foster care. Unless it agrees to certify same-sex couples as adoptive parents, it will fail the strict review and violate the First Amendment. “

After the conservative appointment of former President Donald Trump, the Supreme Court increasingly turned to the right to make this decision. In this case, even the more moderate and free judges—Sonia Sotomayor, Elena Kagan, and Stephen Breyer—have joined Roberts and published the Supreme Court’s opinion. The case will now be sent back to the lower court.

Philadelphia Attorney Diana Cortes (Diana Cortes) Decision called Thursday “This is a difficult and disappointing setback for foster youths and foster parents who have worked hard to support them.”

Cortez added that the city is pleased that the Supreme Court has not “fundamentally changed the existing constitution,” but has adopted a standard that compels the court to order the exemption of civic duty from religious obligations in every area. . But she said the decision will have a negative impact on the provision of foster care in New York City.

“Allowing contractors and partners to set their own terms for how they provide public services will cause confusion in government plans and will weaken the government’s non-discrimination guarantees,” Cortez said. “In contrast, non-discrimination requirements like today’s removal by the courts encourage more and more diverse available adoptive parents. They also send an important message of tolerance and acceptance to the many LGBTQ youths cared for in the city.”

The Supreme Court’s decision was made after Pope Francis became The first pope to support same-sex civil unions, Although he did not support same-sex marriage.

“Homosexuals have the right to be a family. They are God’s children,” Francis said in October. “You can’t kick a person out of the family, and you can’t make their lives miserable. We must have a civil union law; so they are protected by the law.”

Cortez said Thursday that the city will not back down and provide equal care and services to LGBTQ families.

“This city will not shake our commitment to ensuring equality for all Americans, including LGBTQ families. For this city, an important part of this work is to ensure that all foster youths and families know that they are equal in their lives. Treat and gain full dignity. And pass the foster care system,” Cortez said. “This work will not stop and has never been more important. The city will continue to protect and tolerate all Philadelphians, including LGBTQ youth and families, while recognizing and respecting the Supreme Court’s ruling.”