On Friday, the City of Philadelphia reached a settlement with Sharonell Fulton and the other Plaintiffs. The parties agreed there would be no further litigation on the constitutional questions left unresolved by the Supreme Court:
The Parties waive a hearing and findings of fact and conclusion of law on all issues unaddressed by the United States Supreme Court’s decision.
The City also agreed to enforce its non-discrimination policy against CSS consistent with Fulton:
1. The City of Philadelphia, the Department of Human Services, the Commission on Human Relations, their agents and employees, and all those acting in concert with any of them are PROHIBTED from refusing “to contract with CSS for the provision of foster care services unless [CSS] agrees to certify same-sex [or unmarried] couples as foster parents.” See Fulton, 141 S. Ct. at 1882.
2. The City of Philadelphia, the Department of Human Services, the Commission on Human Relations, their agents and employees, and all those acting in concert with any of them are PROHIBITED from declining to refer children to CSS on the basis that CSS exercises its religious objection to certifying same-sex or unmarried couples as foster parents.
3. Pursuant to the decision of the Supreme Court in Fulton v. Philadelphia— which set forth an interpretation of the current version of Phila. Code §§9–1106-1107—the City of Philadelphia, the Department of Human Services, the Commission on Human Relations, its agents, employees, and those acting in concert with any of them are ORDERED NOT TO penalize, attempt to enforce, or otherwise take adverse action under Phila. Code §§9–1106- 1107 against CSS, its agents, employees, or those acting in concert with it for CSS’s actions related to the performance of certifications of prospective foster parents.
After three years of litigation, Fulton draws to a close. But Smith remains.
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