Chamber Statement on Fulton v. City of Philadelphia

Kansas City, Missouri | Wednesday, November 4th, 2020 – The Fulton v. City of Philadelphia case now under consideration by the Supreme Court represents yet another battle between "religious freedom" and LGBTQ protections granted under federal law.  This attempt to deny taxpayer-funded foster care services to LGBTQ families is in direct conflict with the Chamber's stated position on Non-Discrimination and Equal Family Services.  Furthermore, this ruling could have far-reaching implications into other critical taxpayer-funded services like housing, job training and even medical services.

The city of Philadelphia learned in 2018 that two agencies it hired to provide foster care services to children based on religious objection would not accept same-sex couples as foster parents. The city informed the agencies that it would no longer refer children to them unless they complied with the city's established non-discrimination requirements.  Catholic Social Services sued the city claiming the Constitution gives it the right to opt out of nondiscrimination ordinances.

This will also be the first case heard under the new conservative majority on the court with the confirmation of Justice Amy Coney Barrett.  "With recent criticisms of Obergefell by two sitting Justices, and Amy Coney Barret's missteps on LGBTQ issues during the confirmation process, the Chamber is gravely concerned about the potential denigration of hard fought protections for the LGBTQ community," said Leon Harden, Chair of the Chamber's Public Policy Committee. Adding "Ruth Bader Ginsburg warned this type of case could create two kinds of marriage: the full marriage, and then this sort of skim milk marriage related to equal protections for same-sex couples."

The Mid America LGBT Chamber of Commerce is watching this case closely and is committed to continued affirmation of Marriage Equality.  We encourage you to write or call your federal Representative and Senator and let them know about this case and the ongoing uncertainty around LGBTQ issues receiving a fair hearing in federal courts which is why they should support an explicit federal nondiscrimination law like the Equality Act.