Justices May Not Alter Religious Freedom Precedent In Fulton

Law360 (November 12, 2020, 4:48 PM EST) -- On Nov. 4, the U.S. Supreme Court heard oral arguments in Fulton v. City of Philadelphia.[1] The case arose from the city of Philadelphia's decision to remove the Catholic Social Services foster care agency from its list of 30 foster care contractors because Catholic Social Services's religious tenets precluded it from placing foster children with same-sex couples.

On the surface, the case appears to be the next post-Obergefell dispute between the LGBT community and religious businesses and institutions.[2] In granting review in Fulton, however, the Supreme Court could be looking at something beyond how to settle this particular dispute. Rather, the...

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