Supreme Court Poised to Take Religious Adoption Agency Case, Sources Say

Cert Grant Expected This Week

The Supreme Court is expected to grant certiorari this week in a dispute between a Catholic adoption agency and Massachusetts child welfare officials, according to two pastors familiar with the case and a religious-liberty lawyer representing faith-based providers. The case centers on whether Massachusetts can require Catholic adoption agencies to place children with same-sex couples as a condition of receiving state foster-care contracts.

The justices discussed the petition at their private conference on January 9, 2026, according to a church administrator who was briefed by the legal team. A formal order granting review could be issued as soon as January 12, the administrator said. The case would be argued in April or October, depending on the court's scheduling.

Two pastors familiar with the case said representatives from national religious-liberty organizations have been advising plaintiffs since late 2024. The pastors spoke on condition of anonymity because they were not authorized to discuss internal legal strategy. The church administrator said the agency has spent approximately $1.2 million on legal fees since the dispute began.

The case arrives at the court as several states are reconsidering contracts with faith-based adoption providers. The administrator said the agency placed 340 children in adoptive homes in 2024 before the state contract was suspended. The religious-liberty lawyer said the agency's board voted unanimously on December 18, 2025, to continue litigation rather than accept a settlement that would require changes to placement policies.

State Funding Dispute

The dispute began in March 2025, when Massachusetts officials notified the Catholic agency that it could no longer receive state foster-care contracts unless it agreed to place children with same-sex couples and unmarried heterosexual couples, according to the religious-liberty lawyer. The agency declined, citing religious teaching on marriage, and filed a lawsuit in federal court in Boston in June 2025.

A federal judge dismissed the lawsuit in November 2025, ruling that the state's nondiscrimination policies were neutral laws of general applicability, the lawyer said. The agency appealed to the U.S. Court of Appeals for the First Circuit and simultaneously petitioned the Supreme Court to hear the case before the First Circuit ruled. The religious-liberty lawyer said the Supreme Court is more likely to grant the direct petition than to wait for an appellate decision.

The case mirrors Fulton v. City of Philadelphia, Pennsylvania, in which the Supreme Court ruled 9 to 0 in 2021 that Philadelphia could not exclude Catholic Social Services from foster-care contracts because of its religious beliefs. The Massachusetts case differs because the state applies its policy through a centralized contract with the Department of Children and Families rather than through city contracts, the lawyer said.

The central legal question is whether Massachusetts has offered the agency a viable exemption or whether the contract terms amount to a substantial burden on religious exercise, according to the religious-liberty lawyer. The lawyer said the agency's cert petition argues that the state has created a formal mechanism to punish religious objectors while claiming to have a neutral policy. Massachusetts officials have countered that the contract terms apply equally to all providers, the lawyer said.

The agency was founded in 1903 and has operated foster and adoption programs in the state for more than a century, according to the church administrator. The administrator said the agency currently serves 127 children in foster homes and employs 46 social workers. The suspension of state funding has forced the agency to rely on private donations and diocesan support to continue operations, the administrator said.

What Happens Next

If the Supreme Court grants review, briefing would begin in February 2026, with oral argument likely in April, the church administrator said. A decision would follow by late June or early July. Religious-liberty groups view the case as a vehicle to clarify when governments may condition funding on compliance with policies that conflict with religious beliefs.

Opponents of the petition, including state attorneys general from several northeastern states, are expected to argue that the First Circuit should be allowed to rule first, the religious-liberty lawyer said. The lawyer said plaintiffs plan to file a reply brief by January 15 if the court requests additional briefing on the cert petition.

One of the pastors said a coalition of evangelical, Catholic, and Orthodox Jewish organizations is prepared to file amicus briefs supporting the agency if the court grants review. The pastor said the coalition has been in contact with attorneys for the agency since October 2025 and expects to submit briefs by early March. The pastor also said at least one member of Congress has asked to participate in a friend-of-the-court brief on behalf of the House of Representatives.

Denominational leaders are watching the case closely because a ruling could affect Catholic Charities agencies in Michigan, Illinois, California, and Washington that have faced similar contract disputes, according to one of the pastors. The Supreme Court's orders list is scheduled for release at 9:30 a.m. Eastern on January 12, the administrator said.