Scanlon Statement on supreme Court Decision in Fulton V City of Philadelphia

Statement

Congresswoman Mary Gay Scanlon (PA-05) today issued the following statement on the Supreme Court ruling in Fulton v. City of Philadelphia, which held that while tax-payer funded foster care agencies do not have license to discriminate against LGBTQ people based on religious beliefs, the City of Philadelphia had not neutrally enforced its nondiscrimination policy:

"Today's decision from the Supreme Court is a complicated one. The Court rejected the argument from Catholic Social Services (CSS) that the Constitution bars the government from enforcing nondiscrimination requirements against those with religious objections, and declined to overhaul its approach to free exercise. Both of these elements of the decision were promising. However, the Court also held that the City's decision to end its contract with CSS was impermissible because of a mechanism in the nondiscrimination policy that allowed for individual discretionary exemptions to agencies.

"While today's decision was not a sweeping victory for either party, I am concerned about the impact it will have on foster care youth and parents in Philadelphia. LGBTQ families who seek to open their homes and share their love with foster youth should not be prevented from doing so. In a system that is already overwhelmed, we should strive to find as many safe, welcoming, and caring homes as possible for youth who are in need. Even one child losing out on a loving home because of the sexuality or gender identity of potential foster parents is one too many. And I am also concerned about the impact on LGBTQ youth in need of foster care, since they are already at enhanced risk for homelessness, discrimination, and abuse.

"It is especially disappointing that this blow comes during Pride Month -- a time that should be full of celebration for the progress we've made towards equality for the LGBTQ community.

"Policies like the one held by the City of Philadelphia are meant to ensure nondiscrimination in public services. When applied to foster programs, the goal is to expand and diversify the pool of foster parents available to provide a loving home. And of course, the inclusion of LGBTQ foster parents also sends an important message of acceptance to the LGBTQ youth in Philadelphia's foster care system -- something that is critically important to these young people.

"Despite the challenges posed by today's ruling, I am encouraged that the Court reaffirmed the power of government to enforce nondiscrimination laws, so long as they do so neutrally. Discrimination should have no place in the City of Brotherly Love -- especially in tax-payer funded programs and services.

"Now is the time for the Senate to take action and finally make the Equality Act -- which has passed the House twice -- the law of the land. I remain committed to ensuring that LGBTQ Americans are fully protected under the law and will continue to fight for full equality for all Americans."

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