On June 17th, 2021 the Supreme Court unanimously decided Fulton v. City of Philadelphia for petitioners. The issue before the court was whether the government violates the First Amendment by conditioning a religious agency’s ability to participate in the foster care system on taking actions and making statements that directly contradict the agency’s religious beliefs. Chief Justice John Roberts authored the majority opinion of the Court, which held that the refusal of Philadelphia to contract with CSS for the provision of foster care services unless CSS agrees to certify same-sex couples as foster parents violates the Free Exercise Clause of the First Amendment. Joining us today to discuss this decision is Prof. Mark L. Rienzi, President of the Becket Fund for Religious Liberty and Professor of Law at Catholic University.
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