US Supreme Court backs church agency in dispute over LGBT foster parents

The Cathedral Basilica of Saints Peter and Paul in downtown Philadelphia

The US Supreme Court has ruled that the city of Philadelphia was wrong to end its relationship with a Catholic agency due to the group's refusal to consider same-sex couples as foster parents.

In a unanimous decision, the US high court ruled that the city's decision violated the US constitution.

The agency, Catholic Social Services, argued it was against their religious beliefs to endorse gay relationships.

The court has recently backed religious institutions in other cases.

In 2018, the city ended its long-standing contract with Catholic Social Services (CSS), after the Philadelphia Inquirer newspaper reported that the social services agency would not certify same-sex couples to be approved as foster parents.

The city said that it required agencies that place foster children to abide by anti-discrimination rules.

CSS sued, and lower courts ruled in favour of Philadelphia. The agency is affiliated with the Catholic Archdiocese of Philadelphia.

In a statement, city solicitor Diana Cortes called the court's decision a "difficult and disappointing setback" for foster families, adding that Philadelphia "will continue to protect and include all Philadelphians, including LGBTQ youth and families, while recognising and respecting the Supreme Court's ruling".

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CSS has said that in cases involving same-sex couples, they would refer the candidates to another agency. They note that due to their beliefs, they also do not certify unmarried couples.

According to the Associated Press, there is no evidence that any same-sex couple attempted to work with the agency.

In an opinion, Supreme Court Chief Justice John Roberts wrote that "it is plain that the city's actions have burdened CSS's religious exercise by putting it to the choice of curtailing its mission or approving relationships inconsistent with its beliefs".

"CSS seeks only an accommodation that will allow it to continue serving the children of Philadelphia in a manner consistent with its religious beliefs; it does not seek to impose those beliefs on anyone else," he said.

"The refusal of Philadelphia to contract with CSS for the provision of foster care services unless it agrees to certify same-sex couples as foster parents cannot survive strict scrutiny, and violates the First Amendment."

The First Amendment to the US constitution is part of the country's landmark Bill of Rights, from 1791. Among the declarations, it guarantees that the government "shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof".

The court of nine justices has grown more conservative in recent years, after Donald Trump appointed three judges to fill vacate spots during his term.

During last year's session, the Supreme Court heard three different cases regarding religious rights, and sided with the religious institution in all three cases.

In a separate ruling on Thursday, the court backed the healthcare law known as Obamacare.

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