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(WASHINGTON) – Thousands of same-sex couples seeking to become foster parents will likely face discrimination if the Supreme Court rules in favor of Catholic Social Services (CSS), according to an amicus brief filed yesterday by the Lawyers’ Committee for Civil Rights Under Law, the Leadership Conference on Civil and Human Rights, the Leadership Conference Education Fund and 27 other national, state and local organizations. 

“Such an outcome would hit hardest LGBT people of color—a population that is already particularly vulnerable to widespread discrimination, yet is more likely to foster the neediest of children.  LGBT people are seven times more likely to be foster parents than non-LGBT couples, and same-sex couples of color are even more likely to be foster parents than white same-sex couples.  Petitioners’ position would also disproportionately harm children of color, as same-sex couples are more likely than different-sex couples to adopt Black children—a group that is already overrepresented in the foster care system,” the groups wrote in the brief. 

Fulton v. City of Philadelphia addresses the question of whether Catholic Social Services (CSS) will be allowed to discriminate against same-sex couples seeking to become foster parents. The groups argue that if the Court accepts the claim that CSS is exempt from adhering to the anti-discrimination provisions of a city’s public contract on First Amendment grounds, such a holding could open the door to any private entity that offers services to the public to sidestep even the most basic of anti-discrimination laws—including those that forbid discrimination based on race. 

The amicus brief is available here and the participating organizations are listed below: 

American Federation of State, County and Municipal Employees, AFL-CIO (AFSCME) 
Andrew Goodman Foundation 
The Center for Constitutional Rights 
Clearinghouse on Women’s Issues 
Equal Justice Society 
Feminist Majority Foundation 
FORGE, Inc. 
GLSEN 
Impact Fund 
LatinoJustice PRLDEF 
Lawyers’ Committee for Civil Rights Under Law 
The Leadership Conference on Civil and Human 
Rights 
League of Women Voters of the United States 
Legal Aid at Work 
Matthew Shepard Foundation 
National Center for Law and Economic Justice 
National Crittenton 
National Employment Law Project 
National Employment Lawyers Association 
National Health Law Program 
National Homelessness Law Center 
National LGBTQ Task Force 
National Organization for Women Foundation 
National Queer Asian Pacific Islander Alliance (NQAPIA) 
NETWORK Lobby for Catholic Social Justice 
9to5, National Association of Working Women 
Public Advocacy for Kids (PAK) 
Rabbinical Assembly 
Southern Poverty Law Center (SPLC) 
Treatment Action Group 

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Lawyers’ Committee for Civil Rights Under Law – Lawyers’ Committee for Civil Rights Under Law (Lawyers’ Committee), a nonpartisan, nonprofit organization, was formed in 1963 at the request of President John F. Kennedy to involve the private bar in providing legal services to address racial discrimination. The principal mission of the Lawyers’ Committee for Civil Rights Under Law is to secure, through the rule of law, equal justice for all, particularly in the areas of voting rights, criminal justice, fair housing and community development, economic justice, educational opportunities, and hate crimes.  For more information, please visit https://lawyerscommittee.org. 

The Leadership Conference on Civil and Human Rights is a coalition charged by its diverse membership of more than 220 national organizations to promote and protect the rights of all persons in the United States. The Leadership Conference works toward an America as good as its ideals. For more information on The Leadership Conference and its member organizations, visit www.civilrights.org. 

The Leadership Conference Education Fund builds public will for federal policies that promote and protect the civil and human rights of all persons in the United States. The Education Fund’s campaigns empower and mobilize advocates around the country to push for progressive change in the United States. It was founded in 1969 as the education and research arm of The Leadership Conference on Civil and Human Rights. For more information on The Education Fund, visit civilrights.org/edfund/.