The United States Conference of Catholic Bishops and Pennsylvania Catholic Conference submitted a brief to shed light on one of the underlying issues in the case Fulton v. City of Philadelphia: Is placing abused and neglected children with foster families still an important religious activity in Philadelphia, or was it reduced to just another secular government function as the result of the city’s oversight? The city argued that such actions could no longer be considered religious because they had a secular motive and secular effect. The Catholic Social Services (CSS) submitted that, no, placing orphaned children into loving homes was a religious act, one that the Catholic Church had carried out for over 2,000 years, long before the City of Philadelphia took on the role.
The brief states, “This Court has cautioned that, when deciding matters at the intersection of church and state, courts must take into account ‘historical practices and understandings.’”