Baptist agency may fire lesbian counselor, but state funding is still issue

A federal judge in Kentucky has dismissed part of a lawsuit against a Baptist youth agency, ruling that the institution can discriminate against gays, but may not be eligible for public funding.

In a decision likely to become part of the national debate over public funding of "faith-based" social services, Judge Charles Simpson III said state and federal laws barring religious discrimination do not protect gay employees at religious agencies.

Simpson ruled that the Kentucky Baptist Homes for Children (KBHC) did not violate Alicia Pedreira's rights when it fired her in October of 1998 after learning of her homosexuality. Pedreira, who worked as a family specialist at a KBHC facility in Spring Meadows, filed suit in April of 2000, aided by Americans United and the American Civil Liberties Union.

Pedreira was dismissed despite the fact that 75 percent of the Baptist home's $19 million budget in 1999 came from the state government. Sources say only 5 percent of the religious agency's funding came from Baptist churches.

Americans United and the ACLU contend that the Kentucky Baptist Homes forfeited its right to impose religious strictures on employees by accepting government money. Simpson disagreed, noting that federal law bars discrimination on the basis of religion but not sexual orientation.

Simpson, however, did not dismiss the case entirely. He ruled that Americans United and the ACLU could proceed with their claim that government funding of KBHC violates the separation of church and state, as the facility may be found to be "pervasively sectarian."

Americans United issued a statement pointing out that this type of job discrimination will become common if President George W. Bush wins passage of his faith-based initiative.

"This speaks volumes about the kind of activities we'll see if President Bush's faith-based initiative becomes law," said the Rev. Barry W. Lynn, executive director of Americans United. "Religious groups will be able to pass the collection plate to taxpayers, but still be permitted to discriminate. That's morally wrong, and it should be illegal."

Lynn said one of the most controversial aspects of the White House faith-- based plan is that it allows employment discrimination by. publicly funded religious groups. When the House passed faith-based legislation two months ago, bitter controversy erupted over a Bush administration agreement with the Salvation Army to allow discrimination.

"I don't imagine most Americans want publicly funded job bias, whether it's against gays, divorced people, single moms or anyone whose conduct doesn't conform to religious dogma," added Lynn. "But that's what this decision and the Bush plan allow."

Americans United vowed to press ahead with the legal challenge. "This case is far from over," said AU Legal Director Ayesha Khan, co-counsel in the case. "The decision confirms our fears that certain forms of government-funded discrimination will be permitted, but it also bolsters our view that government funds cannot be provided to institutions in which religious and secular functions are inextricably intertwined."

Plaintiffs in the Pedreira v. Kentucky Baptist Homes for Children case include Pedreira, three members of the clergy and an African-American civil rights activist. One of the clergy plaintiffs is Paul Simmons, a member of the AU Board of Trustees. A couple whose child was helped by Pedreira at the Kentucky children's home are also plaintiffs. The couple said Pedreira was the first counselor to make a difference in their son's life.

Copyright Americans United for Separation of Church and State Sep 2001
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