No. 19-123
Sharonell Fulton, et al. v. City of Philadelphia, Pennsylvania, et al.
Tags: circuit-split civil-rights discrimination employment-division-v-smith first-amendment foster-care free-exercise general-applicability government-neutrality neutral-and-generally-applicable neutral-laws religious-discrimination religious-liberty unconstitutional-conditions
Key Terms:
FirstAmendment
FirstAmendment
Latest Conference:
2020-02-21
(distributed 7 times)
Question Presented (AI Summary)
Whether free exercise plaintiffs can only succeed by proving a particular type of discrimination claim
Question Presented (OCR Extract)
QUESTIONS PRESENTED The City of Philadelphia chose to exclude a religious agency from the City’s foster care system unless the agency agreed to act and speak in a manner inconsistent with its sincere religious beliefs about marriage. The Third Circuit upheld that action under Employment Division v. Smith. The questions presented are: 1. Whether free exercise plaintiffs can only succeed by proving a particular type of discrimination claim—namely that the government would allow the same conduct by someone who held different religious views—as two circuits have held, or whether courts must consider other evidence that a law is not neutral and generally applicable, as six circuits have held? 2. Whether Employment Division v. Smith should be revisited? 3. Whether a government violates the First Amendment by conditioning a religious agency’s ability to participate in the foster care system on taking actions and making statements that directly contradict the agency’s religious beliefs?
Docket Entries
2021-07-19
JUDGMENT ISSUED.
2021-06-17
Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the <a href = 'https://www.supremecourt.gov/opinions/20pdf/19-123_new_9olb.pdf'>opinion</a> 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.
2020-11-04
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.
2020-10-28
The record received from the U.S.C.A. 3rd Circuit has been filed electronically (includes sealed material and district court record).
2020-10-05
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2020-10-05
Motion for divided argument filed by respondents GRANTED.
2020-09-14
Reply of petitioners Sharonell Fulton, et al. filed. (Distributed)
2020-09-02
CIRCULATED
2020-08-31
Record requested from the U.S.C.A. 3rd Circuit.
2020-08-20
Brief amicus curiae of Lawrence G. Sager filed.
2020-08-20
Brief amicus curiae of American Atheists, Inc. filed.
2020-08-20
Brief amici curiae of GLBTQ Legal Advocates & Defenders and 27 Other LGBTQ Advocacy Groups filed.
2020-08-20
Brief amici curiae of Services and Advocacy for GLBT Elders (SAGE) and 25 Other Organizations Serving Older and Disabled Individuals filed.
2020-08-20
Brief amici curiae of Republican Legislators, Elected Officials, and Leaders filed.
2020-08-20
Brief amicus curiae of The American Bar Association filed.
2020-08-20
Brief amici curiae of The Annie E. Casey Foundation, et al. filed.
2020-08-20
Brief amici curiae of Voice for Adoption, et al. filed.
2020-08-20
Brief amici curiae of Local Governments, Mayors, and U.S. Conference of Mayors as Amici Curiae in Support of Respondents filed.
2020-08-20
Brief amici curiae of First Amendment Scholars filed.
2020-08-20
Brief amici curiae of Lee C. Bollinger, et al. filed.
2020-08-20
Brief amici curiae of Church-State Scholars filed.
2020-08-20
Brief amici curiae of Organizations Serving LGBTQ Youth filed.
2020-08-20
Brief amici curiae of Indian Law Professors filed.
2020-08-20
Brief amici curiae of Former Service Secretaries and the Modern Military Association of America filed.
2020-08-20
Brief amici curiae of Scholars Who Study The LGB Population filed.
2020-08-20
Brief amici curiae of American Psychological Association, et al. filed.
2020-08-20
Brief amici curiae of The Leadership Conference on Civil and Human Rights, et al. filed.
2020-08-20
Brief amici curiae of Prospective Foster Parents Subjected to Religiously Motivated Discrimination by Child-Placement Agencies filed.
2020-08-20
Brief amici curiae of Baptist Joint Committee For Religious Liberty, et al. filed.
2020-08-20
Brief amicus curiae of Commonwealth of Pennsylvania filed.
2020-08-20
Brief amici curiae of Freedom From Religion Foundation, et al. filed.
2020-08-20
Brief amici curiae of Professors Ira C. Lupu, et al. filed.
2020-08-20
Brief amici curiae of Family Equality and PFLAG National filed.
2020-08-20
Brief amicus curiae of New York State Bar Association filed.
2020-08-20
Brief amicus curiae of KidsVoice filed.
2020-08-20
Brief amici curiae of Members of Congress filed.
2020-08-20
Brief amicus curiae of Lutheran Child and Family Services of Illinois filed.
2020-08-20
Brief amicus curiae of Office of the Cook County Public Guardian filed.
2020-08-20
Brief amici curiae of Historians of Child Welfare filed.
2020-08-20
Brief amici curiae of 32 Businesses and Organizations filed.
2020-08-20
Brief amici curiae of President of the House of Deputies of The Episcopal Church, et al. filed.
2020-08-20
Brief amici curiae of ADL (Anti-Defamation League) and Other Organizations filed.
2020-08-20
Brief amici curiae of FosterClub and Former Foster Youth filed.
2020-08-20
Brief amici curiae of Children's Rights, et al. filed.
2020-08-20
Brief amici curiae of Massachusetts, et al. filed.
2020-08-20
Brief amici curiae of The National Women's Law Center and 35 Additional Organizations filed.
2020-08-20
Brief amici curiae of National LGBT Bar Assocation, et al. filed.
2020-08-20
Brief amici curiae of The National League of Cities et al. filed.
2020-08-19
SET FOR ARGUMENT on Wednesday, November 4, 2020.
2020-08-19
Brief amici curiae of Scholars of the Constitutional Rights and Interests of Children filed.
2020-08-19
Brief amici curiae of Alan Brownstein, Melissa Rogers, and Rabbi David Saperstein filed.
2020-08-19
Brief amici curiae of Center for the Study of Social Policy and National Center for Lesbian Rights filed.
2020-08-19
Brief amici curiae of Amici Miguel Diaz, CHILD USA, et al. filed.
2020-08-19
Joint motion for divided argument filed by respondents.
2020-08-19
Brief amicus curiae of Government Contracts Professor and Practitioner Richard C. Loeb filed.
2020-08-18
Brief amici curiae of Legal Scholars in Support of Equality in Support of Respondents filed.
2020-08-14
Brief amici curiae of 27 Roman Catholic Lay Persons Supporting Respondents filed.
2020-08-14
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2020-08-13
Brief of city respondents City of Philadelphia, Department of Human Services for the City of Philadelphia, Philadelphia Commission on Human Relations filed.
2020-08-13
Supplemental appendix to city respondents brief on the merits filed (to be recovered - August 20, 2020).
2020-08-13
Supplemental appendix to City Respondents' Brief on the Merits filed (8/21/2020).
2020-08-13
Brief of intervenor-respondents Support Center for Child Advocates and Philadelphia Family Pride filed.
2020-06-03
Brief amicus curiae of United States filed.
2020-06-03
Brief amicus curiae of Robertson Center for Constitutional Law filed.
2020-06-03
Brief amici curiae of Concerned Women for America, et al. filed.
2020-06-03
Brief amici curiae of Life Legal Defense Foundation et al. filed.
2020-06-03
Brief amici curiae of Archbishop Jerome E. Listecki and the Roman Catholic Archdiocese of Milwaukee filed.
2020-06-03
Brief amici curiae of James and Gail Blais, General Conference of Seventh-day Adventists filed.
2020-06-03
Brief amici curiae of United States Conference of Catholic Bishops, et al. filed.
2020-06-03
Brief amici curiae of New Hope Family Services, Inc. and Catholic Charities West Michigan filed.
2020-06-03
Brief amicus curiae of Americans for Prosperity Foundation filed.
2020-06-03
Brief amici curiae of Current and Former State Legislators filed.
2020-06-03
Brief amicus curiae of Generation Justice filed.
2020-06-03
Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed.
2020-06-03
Brief amici curiae of Catholic Charities of the Diocese of Springfield, Illinois, et al. filed.
2020-06-03
Brief amicus curiae of Former Attorney General Edwin Meese III filed.
2020-06-03
Brief amici curiae of The States of Texas, Alabama, Arkansa, Llouisiana, Missouri, Nebraska, Ohio, Oklahoma, West Virginia and Commonwealth of Kentucky filed.
2020-06-03
Brief amicus curiae of Galen Black filed.
2020-06-03
Brief amici curiae of 76 United States Senators and Members of the House of Representatives filed.
2020-06-03
Brief amici curiae of Coalition for Jewish Values, et al. filed.
2020-06-03
Brief amici curiae of Dorothy Frame, et al. filed.
2020-06-03
Brief amici curiae of National Jewish Commission on Law and Public Affairs, et al. filed.
2020-06-03
Brief amici curiae of Former Foster Children and Foster Parents, et al. filed.
2020-06-03
Brief amici curiae of Christian Legal Society et al. filed.
2020-06-03
Brief amicus curiae of Great Lakes Justice Center filed.
2020-06-03
Brief amici curiae of Fifteen Pennsylvania State Senators filed.
2020-06-03
Brief amici curiae of Council for Christian Colleges and Universities, et al. filed.
2020-06-03
Brief amicus curiae of New Civil Liberties Alliance filed. (Distributed)
2020-06-03
Brief amicus curiae of The Rutherford Institute filed. (Distributed)
2020-06-02
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
2020-06-02
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.
2020-06-02
Brief amici curiae of States of Nebraska, Arizona, and Ohio filed.
2020-06-02
Brief amicus curiae of Eugene Volokh in support of neither party filed.
2020-06-01
Brief amicus curiae of National Association of Evangelicals filed.
2020-06-01
Brief amicus curiae of Foundation for Moral Law filed.
2020-05-28
Brief amici curiae of The Institute for Faith and Family, et al. filed.
2020-05-27
Joint appendix (two volumes) filed. (Statement of costs filed.)
2020-05-27
Brief of petitioners Sharonell Fulton, et al. filed.
2020-05-27
Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
2020-05-07
Blanket Consent filed by Respondents, City of Philadelphia, Department of Human Services for the City of Philadelphia, Philadelphia Commission on Human Relations.
2020-03-23
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.
2020-03-17
Motion for an extension of time to file the briefs on the merits filed.
2020-02-24
Petition GRANTED.
2020-02-14
DISTRIBUTED for Conference of 2/21/2020.
2020-01-21
DISTRIBUTED for Conference of 1/24/2020.
2020-01-13
DISTRIBUTED for Conference of 1/17/2020.
2020-01-06
DISTRIBUTED for Conference of 1/10/2020.
2019-12-11
Rescheduled.
2019-12-09
DISTRIBUTED for Conference of 12/13/2019.
2019-12-03
Rescheduled.
2019-11-20
DISTRIBUTED for Conference of 12/6/2019.
2019-11-12
Rescheduled.
2019-10-30
DISTRIBUTED for Conference of 11/15/2019.
2019-10-28
Reply of petitioners Sharonell Fulton, et al. filed.
2019-10-10
Brief of respondents Support Center for Child Advocates and Philadelphia Family Pride in opposition filed.
2019-10-10
Brief of respondents City of Philadelphia, et al. in opposition filed.
2019-08-26
Brief amici curiae of The States of Texas, et al. filed.
2019-08-26
Brief amici curiae of 44 United States Senators and Members of the House of Representatives filed.
2019-08-26
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
2019-08-26
Brief amicus curiae of Foundation for Moral Law filed.
2019-08-16
Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
2019-08-13
Motion to extend the time to file a response is granted in part; the time is extended to and including October 10, 2019.
2019-08-07
Motion to extend the time to file a response from August 26, 2019 to October 25, 2019, submitted to The Clerk.
2019-08-07
Brief amici curiae of Former Foster Children and Foster Parents and the Catholic Association Foundation filed.
2019-07-22
Petition for a writ of certiorari filed. (Response due August 26, 2019)
Attorneys
32 Businesses and Organizations
ADL (Anti-Defamation League) and Other Organizations as Amici Curiae In Support of Respondents
Gilbert Ross Serota — Arnold and Porter, Amicus
Gilbert Ross Serota — Arnold and Porter, Amicus
Alan Brownstein, Melissa Rogers, and Rabbi David Saperstein
American Atheists, Inc.
American Psychological Association, American Academy of Pediatrics, American Medical Association, American Psychiatric Association
Jessica Ring Amunson — Jenner & Block LLP, Amicus
Jessica Ring Amunson — Jenner & Block LLP, Amicus
Americans for Prosperity Foundation
Amici Curiae 27 Roman Catholic Lay Persons Supporting Respondents
James K. Riley — Amicus
James K. Riley — Amicus
Amici Miguel Diaz, CHILD USA, et al.
Archbishop Jerome E. Listecki and the Roman Catholic Archdiocese of Milwaukee
Baptist Joint Committee For Religious Liberty, The Presiding Bishop Of The Episcopal Church, General Synod Of The United Church Of Christ, and The Evangelical Lutheran Church
David Meir Zionts — Covington & Burlington LLP, Amicus
David Meir Zionts — Covington & Burlington LLP, Amicus
Catholic Charities Of Springfield, Illinois, And Catholic Charities Of Joliet, Inc.,
Center for Constitutional Jurisprudence
Center for the Study of Social Policy and National Center for Lesbian Rights
Children's Rights, et al.
Kendyl Taylor Hanks — Greenberg Traurig, LLP, Amicus
Kendyl Taylor Hanks — Greenberg Traurig, LLP, Amicus
Christian Legal Society et al.
Church-State Scholars
City of Philadelphia, Department of Human Services for the City of Philadelphia, Philadelphia Commission on Human Relations
Neal Kumar Katyal — Hogan Lovells US LLP, Respondent
Neal Kumar Katyal — Hogan Lovells US LLP, Respondent
Deepak Gupta — Gupta Wessler PLLC, Respondent
Deepak Gupta — Gupta Wessler PLLC, Respondent
Coalition for Jewish Values, The Call, Lifeline Children’s Services, FaithBridge Foster Care, Prof. Elizabeth Kirk, and Prof. David Smolin
Commonwealth of Pennsylvania
Concerned Women for America, et al.
Frederick W. Claybrook Jr. — Claybrook, LLC, Amicus
Frederick W. Claybrook Jr. — Claybrook, LLC, Amicus
Council for Christian Colleges and Universities, The Association for Biblical Higher Education, and Thirty-One Individual Religious Colleges and Universities
Gene Clayton Schaerr — Schaerr | Jaffe, Amicus
Gene Clayton Schaerr — Schaerr | Jaffe, Amicus
Current and Former State Legislators
Carson J. Tucker — Lex Fori PLLC, Amicus
Carson J. Tucker — Lex Fori PLLC, Amicus
Dorothy Frame, Annlee Post, & National Right to Work Legal Defense Foundation
Family Equality and PFLAG National
Fifteen Pennsylvania State Senators
Randall L. Wenger — Independence Law Center, Amicus
Randall L. Wenger — Independence Law Center, Amicus
First Amendment Scholars
Former Foster Children and Foster Parents and the Catholic Association Foundation
FosterClub and Former Foster Youth
Jesse Ryan Loffler — Cozen O'Connor, Amicus
Jesse Ryan Loffler — Cozen O'Connor, Amicus
Foundation for Moral Law
John Allen Eidsmoe — Foundation for Moral Law, Amicus
John Allen Eidsmoe — Foundation for Moral Law, Amicus
Freedom From Religion Foundation, et al.
Galen Black
Kelly J. Shackelford — First Liberty Institute, Amicus
Kelly J. Shackelford — First Liberty Institute, Amicus
GLBTQ Legal Advocates & Defenders and 27 Other LGBTQ Advocacy Groups
Government Contracts Professor and Practitioner Richard C. Loeb
Great Lakes Justice Center
William Wagner — Great Lakes Justice Center, Amicus
William Wagner — Great Lakes Justice Center, Amicus
Historians of Child Welfare
Chanakya Arjun Sethi — Wilkinson Walsh LLP, Amicus
Chanakya Arjun Sethi — Wilkinson Walsh LLP, Amicus
Indian Law Professors
Jerome C. Roth — Munger, Tolles & Olson LLP, Amicus
Jerome C. Roth — Munger, Tolles & Olson LLP, Amicus
Intervenor Support Center for Child Advocates and Philadelphia Family Pride
Leslie Cooper — American Civil Liberties Union, Respondent
Leslie Cooper — American Civil Liberties Union, Respondent
Jeffrey L. Fisher — Stanford Law School Supreme Court Clinic, Respondent
Jeffrey L. Fisher — Stanford Law School Supreme Court Clinic, Respondent
James and Gail Blais, General Conference of Seventh-day Adventists
Lawrence G. Sager
Charles Rothfeld — Mayer Brown LLP, Amicus
Charles Rothfeld — Mayer Brown LLP, Amicus
Lee C. Bollinger, Erwin Chemerinksy, Burt Neuborne, Robert C. Post and Geoffrey Stone
Jonathan L. Marcus — Amicus
Jonathan L. Marcus — Amicus
Legal Scholars in Support of Equality in Support of Respondents
Life Legal Defense Foundation et al.
Local Governments, Mayors, and U.S. Conference of Mayors as Amici Curiae in Support of Respondents
Lutheran Child and Family Services of Illinois
Members of Congress
Peter T. Barbur — Cravath, Swaine & Moore, Amicus
Peter T. Barbur — Cravath, Swaine & Moore, Amicus
National Association of Evangelicals
Timothy Belz — Ottsen, Leggat & Belz, L.C., Amicus
Timothy Belz — Ottsen, Leggat & Belz, L.C., Amicus
National LGBT Bar Assocation, et al.
New Civil Liberties Alliance
New Hope Family Services, Inc. and Catholic Charities West Michigan
New York State Bar Association
North American Council on Adoptable Children, National Association of Social Workers, Child Welfare League of America, and American Professional Society on the Abuse of Children
Office of the Cook County Public Guardian
Organizations Serving LGBTQ Youth
Professors Ira C. Lupu, Frederick Mark Gedicks, William P. Marshall, and Robert W. Tuttle
David Scott Flugman — Selendy & Gay PLLC, Amicus
David Scott Flugman — Selendy & Gay PLLC, Amicus
Prospective Foster Parents Subjected to Religiously Motivated Discrimination by Child-Placement Agencies
Richard Brian Katskee — Amicus
Richard Brian Katskee — Amicus
Ray Mabus, Deborah Lee James, Eric Fanning and the Modern Military Association of America
Michael Evan Bern — Latham & Watkins, LLP, Amicus
Michael Evan Bern — Latham & Watkins, LLP, Amicus
Republican Legislators, Elected Officials, and Leaders
James Wayne Kim — McDermott Will & Emery LLP, Amicus
James Wayne Kim — McDermott Will & Emery LLP, Amicus
Robertson Center for Constitutional Law
Scholars of the Constitutional Rights and Interests of Children
Catherine E. Smith — Amicus
Catherine E. Smith — Amicus
Scholars Who Study The LGB Population
Service and Advocacy for GLBT Elders (SAGE) and 25 Other Organizations Serving Older and Disabled Individuals
Sharonell Fulton, et al.
Lori Halstead Windham — The Becket Fund for Religious Liberty, Petitioner
Lori Halstead Windham — The Becket Fund for Religious Liberty, Petitioner
Mark Leonard Rienzi — The Becket Fund for Religious Liberty, Petitioner
Mark Leonard Rienzi — The Becket Fund for Religious Liberty, Petitioner
States of Nebraska, Arizona, and Ohio
The American Bar Association
Judy Perry Martinez — American Bar Association, Amicus
Judy Perry Martinez — American Bar Association, Amicus
The Annie E. Casey Foundation, The Raikes Foundation, The Conrad N. Hilton Foundation, and the Redlich Horwitz Foundation
Clifton S. Elgarten — Crowell & Moring LLP, Amicus
Clifton S. Elgarten — Crowell & Moring LLP, Amicus
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
The Church of Jesus Christ of Latter-day Saints, et al.
Alexander Dushku — Kirton McConkie, Amicus
Alexander Dushku — Kirton McConkie, Amicus
The Institute for Faith and Family and The International Conference of Evangelical Chaplain Endorsers
Deborah Dewart — Amicus
Deborah Dewart — Amicus
The Leadership Conference on Civil and Human Rights, Lawyers’ Committee for Civil Rights Under Law, and 28 Other Organizations
The National League of Cities et al.
The National Women's Law Center and 35 Additional Organizations
Evan Wolfson — Dentons, Amicus
Evan Wolfson — Dentons, Amicus
The Rev. Gay Clark Jennings, President of the House of Deputies of The Episcopal Church; Rabbinical Assembly; United Synagogue of Conservative Judaism, et.al.
The Rutherford Institute
Michael J. Lockerby — Foley & Lardner LLP, Amicus
Michael J. Lockerby — Foley & Lardner LLP, Amicus
The States of Texas, Alabama, Arkansa, Llouisiana, Missouri, Nebraska, Ohio, Oklahoma, West Virginia and Commonwealth of Kentucky
United States
United States Conference of Catholic Bishops and Pennsylvania Catholic Conference
United States Senators and Members of the House of Representatives