The Supreme Court’s 2021 victory for religious freedom sent shockwaves through Philadelphia’s progressive establishment, but the ruling’s narrow scope reveals how even conservative wins get watered down, leaving the broader war for religious liberty raging years later.
At a Glance
- In a unanimous ruling on June 17, 2021, the Supreme Court sided with Catholic Social Services (CSS) against Philadelphia’s discriminatory contract suspension.
- The city was found to have violated the First Amendment by refusing to work with CSS while allowing discretionary exemptions for other agencies.
- The Court disappointingly declined to overturn the problematic Employment Division v. Smith precedent, a decision that continues to weaken religious liberty.
- While CSS can continue its foster care services without violating Catholic teaching, the narrow victory left faith-based groups vulnerable to future government attacks.
Philadelphia’s Anti-Religious Discrimination Exposed
Philadelphia’s 2018 decision to suspend Catholic Social Services from its foster care program exposed the left’s relentless hostility toward religious freedom. The city targeted CSS because the agency refused to certify same-sex couples as foster parents, adhering to centuries-old Catholic teaching. This wasn’t about helping children; it was about forcing religious organizations to abandon their core beliefs. The city’s hypocrisy became even more outrageous when it was revealed that it allowed discretionary exemptions for other agencies while specifically targeting the Catholic organization for punishment.
BREAKING: Supreme Court unanimously rules the city of Philadelphia can't force Catholic group to certify same-sex couples as foster parents without running afoul of the First Amendment.
Opinion in Fulton v. Philadelphia: https://t.co/gjuySjEVbE pic.twitter.com/H5S0jDlpNB
— Bloomberg Law (@BLaw) June 17, 2021
A Hollow Victory at the High Court
On June 17, 2021, the Supreme Court unanimously ruled that Philadelphia had violated CSS’s First Amendment rights. The Court found that the city’s contract system wasn’t “generally applicable” because it allowed for exceptions, meaning Philadelphia could have accommodated CSS but chose not to. While the ruling allowed CSS to continue its vital foster care mission, the Court’s decision was frustratingly narrow and missed a golden opportunity to restore robust protections for religious liberty. The justices declined to overturn the deeply flawed 1990 precedent, Employment Division v. Smith, which has for decades allowed governments to burden religious exercise as long as their laws appear “neutral.”
The War on Religious Freedom Rages On
The failure to overturn Smith means that years later, the war against religious liberty in America continues. Progressive governments across the country still target faith-based organizations, demanding they abandon their principles or face exclusion from public programs. The Fulton victory provides some protection, but the narrow ruling leaves religious organizations vulnerable to future attacks by clever government lawyers who can craft their discrimination to appear neutral. This piecemeal approach to constitutional rights would be unthinkable for other freedoms, but religious liberty continues to receive second-class treatment from the courts, forcing faith-based groups to constantly look over their shoulders for the next government assault.
