A federal judge in Philadelphia ruled that foster care agencies that contract with the city must comply with its nondiscrimination ordinance. U.S. District Court Judge Petrese B. Tucker said Philadelphia didn’t violate Catholic Social Services religious freedom when it suspended a contract with the agency because it wouldn’t work with same-sex couples.

A Texas law passed in the last session of the Legislature specifically allows foster agencies to discriminate against LGBT foster singles and couples. While this ruling doesn’t affect that law, it could be cited when questions of its constitutionality are debated in any upcoming lawsuit.

Philadelphia’s local ordinance covers sexual orientation in public accommodations. Catholic Social Services argued the city was requiring the organization to abandon its religious beliefs.

The city said when an agency decides to take public dollars, they must serve everyone. By not working with same-sex couples, the agency was also limiting the pool of the best families and homes to place children.

Catholic Social Services countered it already had 30 good homes that were not being used.

Foster care agencies do home visits to certify that the home is safe for children. A representative for Catholic Social Services testified that certifying the home of a same-sex couple would be “a validation of the relationships in that home.”

The judge said one other practice of the agency was problematic. Catholic Social Services requires a letter from clergy for any foster applicant. Tucker said that raised serious constitutional questions.

Catholic Social Services, which received $1.7 million last year for its foster care placement services, would have to lay off employees and shutter its doors.

The city has 29 other foster care agencies it contracts with.

— David Taffet