Resolution 2020-31340 RESOLUTION NO. 2020-31340
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
CITY ATTORNEY TO APPEAR AS AMICUS CURIAE AND FILE A
BRIEF IN SUPPORT OR JOIN ONTO ANY OTHER SUITABLE
BRIEF IN SUPPORT OF THE CITY OF PHILADELPHIA IN
FULTON V. CITY OF PHILADELPHIA LAWSUIT PENDING
BEFORE THE UNITED STATES SUPREME COURT.
WHEREAS, the City of Philadelphia has long partnered with private foster-care
agencies, including faith-based ones, to assist in the administration of the foster-care
system under uniform, renewable, one-year contracts; and
WHEREAS, like all Philadelphia city contractors, agencies may not discriminate
on the basis of race, religion, or sexual orientation (among other grounds) when
performing under the contracts — thus, when a prospective foster parent walks into a
private foster-care agency, the agency must evaluate that person's ability to serve as a
foster parent without regard to these traits; and
WHEREAS, one private, faith-based contractor, Catholic Social Services ("CSS"),
is unwilling to comply with this nondiscrimination requirement, citing belief that certifying
same-sex couples would "endorse" the couple's'relationship as acceptable, whereas its
religious beliefs bar the agency from such supposed endorsement; and
WHEREAS, CSS categorically refuses to certify same-sex couples seeking to
become foster parents, even if the couples meet all state-law certification requirements,
claiming that Philadelphia must continue to contract with it while exempting it from the
obligation not to discriminate when performing under its contract, unlike all other agencies
with contracts with the city; and
WHEREAS, the lawsuit, captioned Fulton v. City of Philadelphia, is currently
pending before the Supreme Court of the United States, and concerns whether
Philadelphia is required to continue to contract with a faith-based foster care agency that
refuses to work with same-sex couples, despite the city's nondiscrimination ordinance
and a provision in the contract barring sexual orientation discrimination in performing the
contract; and
WHEREAS, a ruling endorsing Catholic Social Services argument could have
broad ramifications on how any municipality provides a host of essential services, from
foster care to services for the homeless, as well as any jurisdiction's ability to ensure that
services are delivered to residents in a non-discriminatory manner; and
WHEREAS, the City of New York and other municipalities are preparing an amicus
brief on behalf of local governments in support of the City of Philadelphia; and
WHEREAS, the Municipal Leaders Amicus brief (the "Brief') will highlight the
unintended consequences that could flow from a ruling in this case, without necessarily
focusing on the foster-care system; and
WHEREAS,the brief will show that a ruling favoring Catholic Social Services could
have a dramatic impact on a whole host of services, could implicate other types of
discrimination or even affect contract terms other than the commitment not to discriminate
when performing services under contract, and could critically impair municipalities' ability
to deliver services effectively and enforce the terms of contracts it enters into with service-
providers; and
WHEREAS, as a long-standing champion for diversity, especially in the area of
LGBT civil rights, the City of Miami Beach should support the City of Philadelphia in the
lawsuit pending before the Supreme Court, the ruling in which could ultimately affect the
ability of local governments to enforce nondiscrimination policies when working with
contractors on a wide range of city services, from foster care to services for the homeless
and more.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorizing the.City Attorney to appear as amicus curiae and file a
brief in support or join onto any other suitable brief in support of the City of Philadelphia
in Fulton v. City of Philadelphia lawsuit pending before the United States Supreme Court.
PASSED AND ADOPTED this of day of fitly , 2020.
ATTEST:
Dan Gelber, Mayor
Raf el E. Granado, City Clerk
TIPICORPORATED,)
(Sponsored by Mayor Dan Gelber) '",,7Rc. f`26 '�=
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney Date
Resolutions -C7 X
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: July 29,2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO
APPEAR AS AMICUS CURIAE AND FILE A BRIEF IN SUPPORT OR JOIN
ONTO ANY OTHER SUITABLE BRIEF IN SUPPORT OF THE CITY OF
PHILADELPHIA IN FULTON V. CITY OF PHILADELPHIA LAWSUIT
PENDING BEFORE THE UNITED STATES SUPREME COURT.
RECOMMENDATION
Pursuant to the request of Mayor Dan Gelber,the above-referenced Resolution is submitted for
consideration by the City Commission at the July 29, 2020 City Commission meeting.
Applicable Area
Not Applicable
Is this a"Residents Right Does this item utilize G.O.
to Know" item,pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Trackina
Office of the City Attorney
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
o Resolution
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