Commentary The Supreme Court’s recent decision, Fulton v. Philadelphia, is justifiably getting mixed reviews. Catholic Social Services sued the city of Philadelphia, through the Philadelphia Archdiocese, for canceling its 50-year contract with the Catholic social services agency because it refuses to certify same-sex couples as foster families for the purpose of foster care. The Supreme Court ruled in favor of CSS, finding that Philadelphia violated its First Amendment protections The criticism is that the decision was narrow and technical, skirting the core question of how we understand religious liberty today, when it is under assault almost everywhere. According to existing precedent, First Amendment protections do not apply against measures that are “generally applicable” and not targeted specifically to religion. When some general measure incidentally impacts a particular religion or religious practice, religious protection can be impinged. In the case of Philadelphia, the local law provides discretion to city officials to …