The Third Circuit Court of Appeals has denied an emergency request by Catholic Social Services for the immediate resumption of foster-child referrals to the agency while it appeals an unfavorable lower-court ruling.
CSS provides foster-care services for about 100 children in city custody. But in March, the city stopped referring additional children to CSS after learning the agency won’t certify same-sex couples as foster parents. CSS claims its foster-care program will be phased out within the next few months if it doesn’t receive additional referrals from the city.
On July 13, in a 64-page opinion, U.S. District Judge Petrese B. Tucker declined to issue an injunction requiring the city to resume its referrals to CSS. Three days later, CSS asked the Third Circuit to order the immediate resumption of foster-child referrals.
But on July 27, Third Circuit Judges Michael A. Chagares, Julio M. Fuentes and Joseph A. Greenaway Jr. denied CSS’ emergency request. Their one-page ruling wasn’t accompanied by an explanatory opinion.
In response to the judges’ denial, attorneys for CSS requested an expedited appellate process. “On a traditional appellate schedule, it is likely that [CSS] will have no choice but to close its doors before this court can even decide [CSS’] appeal,” the July 27 request states. “Such dire consequences make this an ‘exceptional’ case.”
As of presstime, the court hadn’t responded to CSS’ most recent request. A standard appellate process could stretch out for several months.
The controversy involving CSS and another foster-care provider, Bethany Christian Services, came to the public’s attention in March, after the Philadelphia Inquirer reported that Bethany turned away a lesbian couple who wanted to be foster parents. The news coverage prompted an investigation by city officials, resulting in a freeze on foster-care child referrals to Bethany and CSS.
In court papers, attorneys for CSS maintain that the city is violating its free-speech and religious-freedom rights. But city officials say they’re simply asking CSS to comply with the city’s Fair Practices Ordinance, which bans LGBT bias in the provision of city services.
“The city is in a strong position and I hope it prevails,” said local civil-rights attorney Justin F. Robinette. “I have great respect for CSS and the work it does. But for too long, discriminators have used religious-freedom and free-speech arguments to justify their behavior. A victory for the city in this case will be a victory for the LGBT community.”
Even if the Third Circuit approves an expedited-briefing schedule, Robinette said he’s still confident the city will prevail.
“Judge Tucker issued a very well-reasoned opinion and I don’t see the Third Circuit overturning it,” he said.
The city resumed referring foster-care children to Bethany in June after the agency adopted an antibias policy that covers the LGBT community. But some LGBT advocates say Bethany’s policy isn’t adequate because it doesn’t specify the categories that are protected, including sexual orientation, gender identity, marital status and religion.
The city has multiple contracts with CSS to provide a variety of services for children and adults apart from foster-care services. On July 5, PGN filed a state Right-to-Know Law request for the total amount of funds CSS received from the city between July 2017 and June 2018. As of presstime, the request was pending.
According to court testimony, CSS also won’t certify unmarried opposite-sex couples as foster parents, even though the city’s Fair Practices Ordinance also bans discrimination based on marital status.
This week, Kenneth A. Gavin, a spokesperson for the Archdiocese of Philadelphia, once again had no comment regarding whether CSS would adopt a comprehensive antibias policy covering sexual orientation, gender identity, marital status and religion.