In a filing before the U.S. Supreme Court, the Trump administration has argued that religiously-affiliated adoption agencies can refuse child placement into LGBT homes.

The 35-page brief was filed by the Department of Justice.

In 2018, the city of Philadelphia learned that Catholic Social Services was refusing to place children with gay and lesbian couples, a violation of the contract the agency signed with the city.

Catholic Social Services sued the city after it threatened to terminate its contract. The agency claims that under the First Amendment it can refuse placements with gay families for religious reasons.

Catholic Social Services turned to the high court after the Third Circuit Court of Appeals ruled against the agency.

The DOJ, which is not a party to the case, argued in its brief that Philadelphia has “impermissibly discriminated against religious exercise” under the First Amendment of the U.S. Constitution with its non-discrimination requirement.

“Governmental action tainted by hostility to religion fails strict scrutiny almost by definition,” the DOJ lawyers wrote. “This court has never recognized even a legitimate governmental interest – much less a compelling one – that justifies hostility toward religion.”

Catholic Social Services is being represented by the Becket Fund for Religious Liberty, which advocates for religious freedom.

A decision from the Supreme Court in a case involving LGBT workplace discrimination is expected this month. In that case, DOJ lawyers argued that employers should be allowed to discriminate based on sexual orientation and gender identity.

(Related: ACLU: Trump Supreme Court brief “reversed engineered” to conclude it's OK to fire gay workers.)