The United States Supreme Court will hear oral arguments in Fulton v. City of Philadelphia on November 4th, 2020 at 10am. Fulton is a case arguing to protect the rights of LGBTQ+ youth and caregivers in the foster care system. Catholic Social Services (CSS) is a child welfare agency that has sued the City of Philadelphia. CSS wants to continue receiving taxpayer dollars for its child welfare services, despite refusing to comply with Philadelphia’s nondiscrimination requirements.
The Fulton case could drastically impact youth involved in the child welfare system. Allowing government contracted child welfare agencies to discriminate against prospective LGBTQ+ foster parents, sends a horrendous message to young people in foster care, intentional or not. A blanket organizational ban on prospective foster parents, based on their sexual orientation, gender identity or expression, messages to all LGBTQ+ youth in foster care that they and their love are not valued and the family they dream of having some day should not exist.
LGBTQ+ youth are overrepresented in the child welfare system, subject to discriminatory practices and policies, and often experience discrimination and a lack of support in group care and foster homes. LGBTQ+ youth in state care, as in all homes, need to be loved and supported. They need to be safe and celebrated, to live as their authentic selves. It is harmful and hateful to reject available, safe, and loving homes purely because of sexual orientation, gender identity, and/or gender expression.
Additionally, there is a shortage of available families to care for children in foster care around the country. A recent article in Washington state highlighted that youth in foster care are sleeping in offices, hotel rooms, and cars because of the lack of placements. The outcome of the Fulton case could reduce the number of available homes further while inviting other faith-based organizations and government contractors to challenge nondiscrimination laws.
Legal Counsel for Youth and Children signed onto an amicus brief in support of the City of Philadelphia.
If you are interested in hearing the oral argument, details can be found online.