[20210622]LSB10612_富尔顿诉费城：普遍适用法律的宗教豁免.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Fulton v. Philadelphia: Religious Exemptions from Generally Applicable Laws June 22, 2021 The Supreme Court issued its highly anticipated decision in Fulton v. City of Philadelphia on June 17, 2021. In Fulton, a Catholic foster care agency raised religious objections to complying with Philadelphias policies prohibiting contractors from discriminating on the basis of sexual orientation. The U.S. Court of Appeals for the Third Circuit rejected the agencys claims, citing a 1990 case called Employment Division v. Smith. Under Smith, a foundational case interpreting the First Amendments Free Exercise Clause, religious entities are usually not entitled to constitutional exemptions from neutral, generally applicable laws. On appeal, the agency asked the Supreme Court to overrule Smith. In a unanimous judgment, the Supreme Court ruled for the agency, but a majority of the Court declined to overrule Smith. This Legal Sidebar discusses the Courts decision in this case, including the majority and concurring opinions, and discusses the implications of the decision for Congress. Legal Background: Emp