Press Releases
08/26/2020
AG Tong Joins 23 States in Supreme Court Brief Defending Nondiscrimination Laws and the Rights of Same-Sex Couples to be Foster Parents
(Hartford, CT) — Attorney General William Tong today joined 23 attorneys general in filing an amicus brief with the U.S. Supreme Court in support of the City of Philadelphia’s nondiscrimination law and the right of same-sex couples to be foster parents.The brief argues that Philadelphia is entitled to require its own publicly-contracted foster care agencies to follow the City’s nondiscrimination law and require those agencies, paid with public funds, to consider all qualified families seeking to care for children in need, without regard to prospective foster parents’ race, religion, or sexual orientation.
“Discrimination based on sexual orientation is just wrong,” Attorney General William Tong said. “A person’s sexual orientation should not disqualify them from providing a foster home for the most vulnerable children and a public agency should not be forced to contract with a foster care agency that refuses to comply with its nondiscrimination laws. This is another attack on our LGBTQ+ communities and we will keep fighting for their rights to live free of discrimination.”
The amicus brief supports Philadelphia and its nondiscrimination policy in a lawsuit brought by a city contractor seeking to be exempt from the policy because of its religious objection to considering same-sex couples as prospective foster care parents. In 2019, the Third Circuit unanimously rejected the foster care provider’s arguments that the First Amendment requires granting such exemptions.
Today’s brief argues that the government is entitled to pursue policies that best serve its residents’ needs in providing government-funded services, including policies that prohibit discrimination to provide vulnerable children with as many opportunities as possible to find loving homes. The brief argues that such requirements do not violate private contractors’ rights to free exercise of religion or free speech, because the nondiscrimination requirements apply only to the work such organizations choose to undertake as government contractors, and private organizations remain free to exercise their beliefs and rights to free speech outside the scope of that work.
According to the brief, nondiscrimination polices like Philadelphia’s are critical to the states in carrying out their obligations to vulnerable children, as they ensure the deepest possible pool of welcoming foster families while preventing the grave harms caused by discrimination against prospective foster families.
In addition to Connecticut, today’s brief was led by Massachusetts Attorney General Healey and joined by the attorneys general of California, Colorado, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, and Wisconsin as well as the District of Columbia.
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