Fulton v. City of Philadelphia, Pennsylvania

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
19-123	3rd Cir.	Nov 4, 2020	Jun 17, 2021	9-0	Roberts	OT 2020

Holding: Philadelphia"s refusal to contract with Catholic Social Services 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.

Judgment: Reversed and remanded, 9-0, in an opinion by Chief Justice Roberts on June 17, 2021. Chief Justice Roberts delivered the opinion of the court, in which Justices Breyer, Sotomayor, Kagan, Kavanaugh and Barrett joined. Justice Barrett filed a concurring opinion, in which Justice Kavanaugh joined, and in which Justice Breyer joined as to all but the first paragraph. Justice Alito filed an opinion concurring in the judgment, in which Justices Thomas and Gorsuch joined. Justice Gorsuch filed an opinion concurring in the judgment, in which Justices Thomas and Alito joined.

SCOTUSblog Coverage

Court requires religious exemption but leaves many questions unanswered (Holly Hollman, June 22, 2021)
Protecting free exercise under Smith and after Smith (Thomas Berg and Douglas Laycock, June 19, 2021)
Fulton quiets Tandons thunder: A free exercise puzzle (Jim Oleske, June 18, 2021)
From the court, a vindication of faith-based service. From Alito, a blueprint for the future. (Andrea Picciotti-Bayer, June 18, 2021)
Court holds that citys refusal to make referrals to faith-based agency violates Constitution (Amy Howe, June 17, 2021)
Argument analysis: Justices sympathetic to faith-based foster-care agency in anti-discrimination dispute (Amy Howe, November 5, 2020)
Symposium: Defending Smith by ignoring soundbites and considering the mundane (Lisa Soronen, November 2, 2020)
Symposium: Religious privilege in Fulton and beyond (Micah Schwartzman, Richard Schragger and Nelson Tebbe, November 2, 2020)
Symposium: Fulton, free exercise and three key questions about church-state relations (Helen Alvaré, October 30, 2020)
Symposium: In Fulton, the court has the chance to jettison Employment Division v. Smith and the pandemic shows why it should take it (Lindsay See, October 30, 2020)
Symposium: The First Amendment does not require governments to contract with parties who do not comply with neutral, generally applicable rules (Clare Kindall, October 29, 2020)
Symposium: Philadelphias exclusion of faith-based foster agency departs from history and undermines interests of children (James Campbell, October 29, 2020)
Case preview: Court will tackle dispute involving religious foster-care agency, LGBTQ rights (Amy Howe, October 28, 2020)
Justices will hear argument in ACA case one week after Election Day (Amy Howe, August 19, 2020)
Justices to take up case involving faith-based adoption agencies and same-sex couples (Amy Howe, February 24, 2020)
Relist Watch (John Elwood, February 7, 2020)
Status Quo Watch (John Elwood, January 22, 2020)
Relist Watch (John Elwood, January 14, 2020)
Justices issue more orders, but no action on high-profile cases (Amy Howe, January 13, 2020)

Date	Proceedings and Orders (key to color coding)
07/22/2019	Petition for a writ of certiorari filed. (Response due August 26, 2019)
08/07/2019	Motion to extend the time to file a response from August 26, 2019 to October 25, 2019, submitted to The Clerk.
08/07/2019	Brief amici curiae of Former Foster Children and Foster Parents and the Catholic Association Foundation filed.
08/13/2019	Motion to extend the time to file a response is granted in part; the time is extended to and including October 10, 2019.
08/16/2019	Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
08/26/2019	Brief amici curiae of The States of Texas, et al. filed.
08/26/2019	Brief amici curiae of 44 United States Senators and Members of the House of Representatives filed.
08/26/2019	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
08/26/2019	Brief amicus curiae of Foundation for Moral Law filed.
10/10/2019	Brief of respondents Support Center for Child Advocates and Philadelphia Family Pride in opposition filed.
10/10/2019	Brief of respondents City of Philadelphia, et al. in opposition filed.
10/28/2019	Reply of petitioners Sharonell Fulton, et al. filed.
10/30/2019	DISTRIBUTED for Conference of 11/15/2019.
11/12/2019	Rescheduled.
11/20/2019	DISTRIBUTED for Conference of 12/6/2019.
12/03/2019	Rescheduled.
12/09/2019	DISTRIBUTED for Conference of 12/13/2019.
12/11/2019	Rescheduled.
01/06/2020	DISTRIBUTED for Conference of 1/10/2020.
01/13/2020	DISTRIBUTED for Conference of 1/17/2020.
01/21/2020	DISTRIBUTED for Conference of 1/24/2020.
02/14/2020	DISTRIBUTED for Conference of 2/21/2020.
02/24/2020	Petition GRANTED.
03/17/2020	Motion for an extension of time to file the briefs on the merits filed.
03/23/2020	Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 27, 2020. The time to file respondents' briefs on the merits is extended to and including August 13, 2020.
05/07/2020	Blanket Consent filed by Respondents, City of Philadelphia, Department of Human Services for the City of Philadelphia, Philadelphia Commission on Human Relations.
05/27/2020	Joint appendix (two volumes) filed. (Statement of costs filed.)
05/27/2020	Brief of petitioners Sharonell Fulton, et al. filed.
05/27/2020	Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
05/28/2020	Brief amici curiae of The Institute for Faith and Family, et al. filed.
06/01/2020	Brief amicus curiae of National Association of Evangelicals filed.
06/01/2020	Amicus brief of Foundation for Moral Law not accepted for filing. (June 09, 2020 - Duplicate submission.)
06/01/2020	Brief amicus curiae of Foundation for Moral Law filed.
06/02/2020	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
06/02/2020	Brief amici curiae of The Bruderhof, United Sikhs, The International Society for Krishna Consciousness (ISKCON), The Islam & Religious Freedom Action Team of the Religious Freedom Institute, and Asma Uddin filed.
06/02/2020	Brief amici curiae of States of Nebraska, Arizona, and Ohio filed.
06/02/2020	Brief amicus curiae of Eugene Volokh in support of neither party filed.
06/03/2020	Brief amicus curiae of United States filed.
06/03/2020	Brief amicus curiae of Robertson Center for Constitutional Law filed.
06/03/2020	Brief amici curiae of Concerned Women for America, et al. filed.
06/03/2020	Brief amici curiae of Life Legal Defense Foundation et al. filed.
06/03/2020	Brief amici curiae of Archbishop Jerome E. Listecki and the Roman Catholic Archdiocese of Milwaukee filed.
06/03/2020	Brief amici curiae of James and Gail Blais, General Conference of Seventh-day Adventists filed.
06/03/2020	Brief amici curiae of United States Conference of Catholic Bishops, et al. filed.
06/03/2020	Brief amici curiae of New Hope Family Services, Inc. and Catholic Charities West Michigan filed.
06/03/2020	Brief amicus curiae of Americans for Prosperity Foundation filed.
06/03/2020	Brief amici curiae of Current and Former State Legislators filed.
06/03/2020	Brief amicus curiae of Generation Justice filed.
06/03/2020	Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed.
06/03/2020	Brief amici curiae of Catholic Charities of the Diocese of Springfield, Illinois, et al. filed.
06/03/2020	Brief amicus curiae of Former Attorney General Edwin Meese III filed.
06/03/2020	Brief amici curiae of The States of Texas, Alabama, Arkansa, Llouisiana, Missouri, Nebraska, Ohio, Oklahoma, West Virginia and Commonwealth of Kentucky filed.
06/03/2020	Brief amicus curiae of Galen Black filed.
06/03/2020	Brief amici curiae of 76 United States Senators and Members of the House of Representatives filed.
06/03/2020	Brief amici curiae of Coalition for Jewish Values, et al. filed.
06/03/2020	Brief amici curiae of Dorothy Frame, et al. filed.
06/03/2020	Brief amici curiae of National Jewish Commission on Law and Public Affairs, et al. filed.
06/03/2020	Brief amici curiae of Former Foster Children and Foster Parents, et al. filed.
06/03/2020	Brief amici curiae of Christian Legal Society et al. filed.
06/03/2020	Brief amicus curiae of Great Lakes Justice Center filed.
06/03/2020	Brief amici curiae of Fifteen Pennsylvania State Senators filed.
06/03/2020	Brief amici curiae of Council for Christian Colleges and Universities, et al. filed.
06/03/2020	Brief amicus curiae of New Civil Liberties Alliance filed. (Distributed)
06/03/2020	Brief amicus curiae of The Rutherford Institute filed. (Distributed)
08/13/2020	Brief of city respondents City of Philadelphia, Department of Human Services for the City of Philadelphia, Philadelphia Commission on Human Relations filed.
08/13/2020	Supplemental appendix to city respondents brief on the merits filed (to be recovered - August 20, 2020).
08/13/2020	Supplemental appendix to City Respondents' Brief on the Merits filed (8/21/2020).
08/13/2020	Brief of intervenor-respondents Support Center for Child Advocates and Philadelphia Family Pride filed.
08/14/2020	Brief amici curiae of 27 Roman Catholic Lay Persons Supporting Respondents filed.
08/14/2020	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
08/18/2020	Brief amici curiae of Legal Scholars in Support of Equality in Support of Respondents filed.
08/19/2020	SET FOR ARGUMENT on Wednesday, November 4, 2020.
08/19/2020	Brief amici curiae of Scholars of the Constitutional Rights and Interests of Children filed.
08/19/2020	Brief amici curiae of Alan Brownstein, Melissa Rogers, and Rabbi David Saperstein filed.
08/19/2020	Brief amici curiae of Center for the Study of Social Policy and National Center for Lesbian Rights filed.
08/19/2020	Brief amici curiae of Amici Miguel Diaz, CHILD USA, et al. filed.
08/19/2020	Joint motion for divided argument filed by respondents.
08/19/2020	Brief amicus curiae of Government Contracts Professor and Practitioner Richard C. Loeb filed.
08/20/2020	Brief amicus curiae of Lawrence G. Sager filed.
08/20/2020	Brief amicus curiae of American Atheists, Inc. filed.
08/20/2020	Brief amici curiae of GLBTQ Legal Advocates & Defenders and 27 Other LGBTQ Advocacy Groups filed.
08/20/2020	Brief amici curiae of Services and Advocacy for GLBT Elders (SAGE) and 25 Other Organizations Serving Older and Disabled Individuals filed.
08/20/2020	Brief amici curiae of Republican Legislators, Elected Officials, and Leaders filed.
08/20/2020	Brief amicus curiae of The American Bar Association filed.
08/20/2020	Brief amici curiae of The Annie E. Casey Foundation, et al. filed.
08/20/2020	Brief amici curiae of Voice for Adoption, et al. filed.
08/20/2020	Brief amici curiae of Local Governments, Mayors, and U.S. Conference of Mayors as Amici Curiae in Support of Respondents filed.
08/20/2020	Brief amici curiae of First Amendment Scholars filed.
08/20/2020	Brief amici curiae of Lee C. Bollinger, et al. filed.
08/20/2020	Brief amici curiae of Church-State Scholars filed.
08/20/2020	Brief amici curiae of Organizations Serving LGBTQ Youth filed.
08/20/2020	Brief amici curiae of Indian Law Professors filed.
08/20/2020	Brief amici curiae of Former Service Secretaries and the Modern Military Association of America filed.
08/20/2020	Brief amici curiae of Scholars Who Study The LGB Population filed.
08/20/2020	Brief amici curiae of American Psychological Association, et al. filed.
08/20/2020	Brief amici curiae of The Leadership Conference on Civil and Human Rights, et al. filed.
08/20/2020	Brief amici curiae of Prospective Foster Parents Subjected to Religiously Motivated Discrimination by Child-Placement Agencies filed.
08/20/2020	Brief amici curiae of Baptist Joint Committee For Religious Liberty, et al. filed.
08/20/2020	Brief amicus curiae of Commonwealth of Pennsylvania filed.
08/20/2020	Brief amici curiae of Freedom From Religion Foundation, et al. filed.
08/20/2020	Brief amici curiae of Professors Ira C. Lupu, et al. filed.
08/20/2020	Brief amici curiae of Family Equality and PFLAG National filed.
08/20/2020	Brief amicus curiae of New York State Bar Association filed.
08/20/2020	Brief amicus curiae of KidsVoice filed.
08/20/2020	Brief amici curiae of Members of Congress filed.
08/20/2020	Brief amicus curiae of Lutheran Child and Family Services of Illinois filed.
08/20/2020	Brief amicus curiae of Office of the Cook County Public Guardian filed.
08/20/2020	Brief amici curiae of Historians of Child Welfare filed.
08/20/2020	Brief amici curiae of 32 Businesses and Organizations filed.
08/20/2020	Brief amici curiae of President of the House of Deputies of The Episcopal Church, et al. filed.
08/20/2020	Brief amici curiae of ADL (Anti-Defamation League) and Other Organizations filed.
08/20/2020	Brief amici curiae of FosterClub and Former Foster Youth filed.
08/20/2020	Brief amici curiae of Children's Rights, et al. filed.
08/20/2020	Brief amici curiae of Massachusetts, et al. filed.
08/20/2020	Amicus brief of The National Women's Law Center and 35 Additional Organizations not accepted for filing. (August 26, 2020 - Corrected version submitted).
08/20/2020	Brief amici curiae of The National Women's Law Center and 35 Additional Organizations filed.
08/20/2020	Brief amici curiae of National LGBT Bar Assocation, et al. filed.
08/20/2020	Brief amici curiae of The National League of Cities et al. filed.
08/31/2020	Record requested from the U.S.C.A. 3rd Circuit.
09/02/2020	CIRCULATED
09/14/2020	Reply of petitioners Sharonell Fulton, et al. filed. (Distributed)
10/05/2020	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
10/05/2020	Motion for divided argument filed by respondents GRANTED.
10/28/2020	The record received from the U.S.C.A. 3rd Circuit has been filed electronically (includes sealed material and district court record).
11/04/2020	Argued. For petitioners: Lori H. Windham, Washington, D. C.; and Hashim M. Mooppan, Counselor to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For City of Philadelphia, et al. respondents: Neal K. Katyal, Washington, D. C. For Support Center for Child Advocates and Family Pride respondents: Jeffrey L. Fisher, Stanford, Cal.
06/17/2021	Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Breyer, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Barrett, J., filed a concurring opinion, in which Kavanaugh, J., joined, and in which Breyer, J., joined as to all but the first paragraph. Alito, J., filed an opinion concurring in the judgment, in which Thomas and Gorsuch, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas and Alito, JJ., joined.
07/19/2021	JUDGMENT ISSUED.