According to a report today in Courthouse News Service, a family specialist fired by a Baptist-owned youth home after they discovered she was a lesbian, is not discrimination based on religion... at least, not according to the 6th Circuit Court of Appeals. In 1998, Alicia M. Pedreira was working for the Spring Meadows Children's Home in Mount Washington, Ky, which is run by Kentucky Baptist Homes for Children, Inc. She was dismissed after her employers discovered a photograph of her with her female partner at an AIDS fundraiser. The reason they gave for letting her go was that her homosexual lifestyle was contrary to the "core values" of their Christian organization. Pedreira sued Kentucky Baptist.Julia Vance, a social worker, who is also a lesbian, joined the complaint along with a number of other tax-payers. Pedreira's lawsuit against Kentucky Baptist was later combined with another action alleging violation of the separation of church and state by teaching religion in facilities that receive over $100 million a year in state subsidies. Both complaints were dismissed by the state district court and appeals were then filed with the US Court of Appeals for the 6th District (which covers Michigan, Ohio, Kentucky and Tennessee). The court reversed the dismissal of the church and state portion of the complaint and sent the nearly 10-year old lawsuit back to the district court for action.
The dismissal of Pedreira's portion of the suit though, was upheld by the 6th District Court. According to the CNS report:
The 6th circuit affirmed dismissal of the employment discrimination lawsuit, ruling that neither Pedreira nor Vance was able to show that they were fired (or not hired) for religious reasons.
"It is undisputed that [Kentucky Baptist] fired Pedreira on account of her sexuality," Judge Julia Smith Gibbons wrote. "However, Pedreira has not explained how this constitutes discrimination based on religion. Pedreira has not alleged any particulars about her religion that would even allow an inference that she was discriminated against on account of her religion, or more particularly, her religious differences with [Kentucky Baptist]."
Further, Pedeira never argued that her sexual orientation is "premised on her religious beliefs, or lack thereof, nor does she state whether she accepts or rejects Baptist beliefs," Gibbons wrote.
Judge Julia Smith Gibbons is a George W. Bush appointee who has served on the US 6th District Court of Appeals since 2002.
Photo Credit:
1) This is the picture that led to the firing: a photo of Alicia Pedreira and her partner, Nance Goodman. It was taken at the 1997 AIDS walk in Louisville, KY. Amateur photographer Jeffrey Orfutt said he had no idea of the trouble it would cause when he entered it in a display at the state fair.
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Comments
That decision is the most convoluted logic I've seen in a long time. She was fired because her lifestyle doesn't go well with their religion. Okay, how then is religion NOT a part of it? Awful. Just awful. This uses religion to further hatred.
The decision went on to say that they did have cause as taxpayers to stop payments to this institution of government dollars because they violated the establishment clause. Lets hope they get socked.
Someone pointed out on another blog that under both Kentucky and Federal law, there's no employment protection against bigotry based on sexual preference. Here's part of the quote (on federal law. It's the same though, under the relevant KY employment law):
"Pedreira sought relief under Title VII, which relates to employment discrimination based on race, colour, religion, sex, and national origin. There is no protection against discrimination based on sexuality. As is clear from the quote you provide, Pedriera failed to show that it was because of her religious beliefs that she was fired. Thus, she had no standing to seek relief under Title VII."
So now Baptists should be forced to hire homosexuals? How ridiculous. Let Christian charities depart from state contracts if necessary. We'll see how well society does without them.
The judge brought up some good points. It's not that she didn't have a case, it"s that she had a crappy attorney. They didn't attempt to establish how she rejected the defendant's religious belief, how it conflicted with her belief or her lack of a religious belief. I really think she could have prevailed had her attorney been worth a damn. However, in appeals court you cannot introduce a new argument or defense. It is justed solely on reversible error on the merits of the previous case.
These comments betray a misreading of this case (especially by Paul B.). The church fired the woman. SHE filed a discrimiation lawsuit (against the church)claiming that the church discriminated against her on the basis of HER religion (that apparently doesn't prohibit homosexuality). The court ruled against HER and allowed the church's decision to stand saying they fired her becasue she is Gay (which violates their religious mission) not becuase of HER religion.
I happen to disagree with the ruling but at least get the details right before you decide to rant.
These comments betray a misreading of this case (especially by Paul B.). The church fired the woman. SHE filed a discrimiation lawsuit (against the church)claiming that the church discriminated against her on the basis of HER religion (that apparently doesn't prohibit homosexuality). The court ruled against HER and allowed the church's decision to stand saying they fired her becasue she is Gay (which violates their religious mission) not becuase of HER religion.
I happen to disagree with the ruling but at least get the details right before you decide to rant.
Hi all, being gay is cool!
triggerman179@hotmail.com
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