The ACLU and the ACLU of Pennsylvania, representing the Support Center for Child Advocates and Philadelphia Family Pride, intervened in a lawsuit brought by a taxpayer-funded government-contracted foster care agency claiming a constitutional right to discriminate against prospective foster families headed by same-sex couples in violation of the City’s contract. The ACLU is supporting the City’s right to require all of its contracted foster care agencies to accept all qualified families.
On February 24, 2020, the U.S. Supreme Court granted review of the Circuit Court of Appeals' decision that had rejected the argument that agencies performing public child welfare services have a constitutional right to discriminate.