July 30, 2001






Kentucky children's home didn't
discriminate by firing lesbian

___LOUISVILLE, Ky. (RNS)--A federal judge has dismissed claims of religious discrimination by a lesbian who was fired by a Baptist child-care agency in Kentucky.
___But U.S. District Judge Charles Simpson III said in his July 23 ruling he will consider further complaints that the receipt of public funds by Kentucky Baptist Homes for Children may be unconstitutional.
___Last year, Alicia Pedreira sued the agency after she was fired. "Her admitted homosexual lifestyle is contrary to Kentucky Baptist Homes for Children core values," the agency said.
___Simpson ruled there was no religious discrimination because the agency's code of conduct mandates that employees' behavior be consistent with its religious beliefs but does not require them to adhere to particular religious beliefs.
___In the same case, Pedreira and others questioned the agency's acceptance of public funds. They claimed public funds are being used for services "infused with the teachings of the Baptist faith." Like many other religious child-care institutions, Kentucky Baptist Homes for Children accepts government funding on a per-client basis to care for children who have been removed from dangerous home situations and placed in custody of the state. The Baptist agency is the state's largest contractor for child-care services but not the only one.
___The agency and the state asked Simpson to dismiss the claims that they violated the First Amendment's Establishment Clause. Simpson denied that motion.
___Hard-line church-state separationists who filed the suit on behalf of Pedreira said the judge's ruling could influence the future of President Bush's faith-based initiative, through which he hopes to expand governmental funding of religious social services.
___In a statement regarding the religious discrimination ruling, Bill Smithwick, president of the Kentucky Baptist agency, said, "This decision permits us to continue to serve the children of Kentucky based on the principles and standards upon which this organization was founded."

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