Philadelphia can require its foster care agencies to adhere to its nondiscrimination polices, a federal judge said Friday in a decision that could have national repercussions.
U.S. District Court Judge Petrese B. Tucker found that the city did not violate the religious liberties of Catholic Social Services (CSS) when it suspended its contract with the agency for foster-care services after discovering that the agency would not work with same-sex couples.
The Department of Human Services had a legitimate interest in ensuring “that the pool of foster parents and resource caregivers is as diverse and broad as the children in need of foster parents,” Tucker wrote in a decision Friday denying CSS’s request for a temporary restraining order to resume its work for the city.
The city welcomed the news.
“As the court found, the city has a legitimate interest in ensuring that when we employ contractors to provide governmental services, that those services are accessible to all Philadelphians who are qualified for the services,” spokeswoman Deana Gamble said in a statement. “Regrettably, by refusing to certify same-sex couples, CSS is ruling out qualified families who are willing to provide care for children in need, who can be certified, and who have roots in this community. ”
DHS has said that it will not remove children already in CSS-certified families, and has and will continue to make exceptions in some cases, including placing a child with a sibling already in a CSS home.
Attorneys for CSS, who filed the lawsuit along with three foster parents, said they would appeal.
“Foster children deserve loving homes, and foster parents like Ms. Fulton and Mrs. Paul have been waiting with open arms to welcome them,” said Lori Windham, senior counsel at Becket Law. “But the city has put politics above the children, and today the court allowed the city’s discriminatory actions to continue — a decision we will immediately appeal.” Cecilia Paul, a foster parent through CSS for 46 years, and Sharonell Fulton, another foster parent, were among those filing the suit and testified on behalf of CSS in last month’s hearing before Tucker.
The case stemmed from an instance last year in which a same-sex couple interested in fostering were turned away from Bethany Christian Services after the agency learned they were gay. Their story appeared in March in the Inquirer and Daily News. The story also noted that Bethany and CSS had policies preventing staff from working with same-sex couples.
Read the full story at The Inquirer
