This article is part of a symposium previewing Fulton v. City of Philadelphia . Clare Kindall is the solicitor general for the state of Connecticut, which joined a multi-state amicus brief filed in support of Philadelphia. While in accord with the states’ filed brief, the views expressed here are entirely her own. On Nov. 4, the Supreme Court will hear oral argument in Fulton v. City of Philadelphia , a challenge to Philadelphia’s requirement that any private vendor providing foster care services must agree not to discriminate on the basis of protected status. Philadelphia has never waived its nondiscrimination requirement for its vendors. Catholic Social Services wishes to be hired by the city but wants to discriminate, based on its religious beliefs, against LGBTQ+ families in the screening for placement of foster children. Both the federal district court and the U.S. Court of Appeals for the 3rd Circuit held that Philadelphia’s nondiscrimination requirement for its contracts with private vendors does not violate the First Amendment. The Supreme Court granted the petition for certiorari on three questions, one of which is whether a government program for foster care violates the First Amendment rights of religious organizations by conditioning participation on […]

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