Georgia Methodist home settles discrimination case_111003

Posted: 11/07/03

Georgia Methodist home settles discrimination case

By Robert Marus

ABP Washington Bureau

ATLANTA (ABP)–Critics of government funding for faith-based initiatives have declared victory in a Georgia case involving a Methodist child-care facility.

The state of Georgia and United Methodist Children's Home in Decatur reached separate agreements in a case involving two contentious issues–how public funds are spent at religious social-service providers and whether those providers are exempt from employment discrimination laws.

The latest settlement, announced Nov. 5, prevents the children's home from discriminating against employees or clients on the basis of religion or sexual orientation. It also prevents the home from attempting to steer clients who express questions about their own sexual orientation toward religious programs or other therapy designed to “convert” them into heterosexuals.

An earlier settlement required any organizations–including religious ones–that contract with the Georgia Department of Human Resources to separate religious activities from secular, state-funded activities in their programs.

Lambda Legal, a gay-rights organization, filed the suit on behalf of two Georgia taxpayers, Aimee Bellmore and Alan Yorker.

Bellmore was a youth counselor at the home who was fired when administrators discovered she is a lesbian. Yorker, a psychotherapist, was interviewing for a job at the home when his interviewer cut the session short upon discovering he is Jewish.

Both the employment-discrimination issue and the issue of providing taxpayer funding directly to churches and other pervasively religious organizations have been flashpoints in the controversy over President Bush's plan to provide government funding to religious service providers.

Many social conservatives have long supported government funding of faith-based initiatives. However, supporters of strict separation between church and state oppose the idea as a violation of the First Amendment's ban on government establishment of religion.

Greg Nevins, Lambda Legal's senior staff attorney, said the lawsuit was both a legal victory for his clients and good for public education on the issue.

“This forms a baseline,” he said. “If an organization is motivated by faith and they are going to take money from the government, they can't take that money and discriminate in regards either to whom they provide the services or whom they hire.”

Derrick Dickey, a spokesman for Republican Gov. Sonny Perdue said the settlement means “all Department of Human Resources contracts will provide that the faith-based organization has a clear division between its religious and secular activities, and that also in the hiring practices that there will be a distinction in the activities between the religious hiring and the secular hiring.”

But the settlement doesn't change the governor's view “that direct funding of secular activities of faith-based organizations is permissible under the First Amendment of the U.S. Constitution,” Dickey said.