EDGE Boston

Alicia Pedreira had no legal recourse when she was fired in 1998 from the Kentucky Baptist Homes For Children. It was a job that her taxes partially funded, but that didn’t matter: Only Covington, Lexington and Louisville counties shield employees from discrimination based on sexual orientation. Pedreira worked in Bullock county.

The case of Pedreira, an out-lesbian employee, is proving that the faith-based initiatives endorsed by President George Bush--and, more importantly, by both candidates to take his place--is a potential minefield for LGBT employees and contractors.

As McCain and Obama boldly proclaim their support for religious organizations that provide social services, the issue of faith-based initiatives has returned to the forefront of election and human rights issues.

Although these groups provide a safety net, their charity comes with a price. Indoctrination and discrimination are often the consequences paid by the people they serve as well as employees who do not share their particular religious beliefs.

For decades, limited financial resources have led the state of Kentucky to depend upon the Baptist Church as its largest provider of childcare services. Those under Baptist care have endured religious indoctrination without scrutiny or challenge. State law has also allowed the Baptists to discriminate against employees whose lifestyle conflicts with church teachings.

As a result, LGBTs in Kentucky must cloak their sexuality or face termination from employers. The freedom that religious organizations have to discriminate also has chilling implications for others whose faith, conduct and beliefs differ from that of their employer.

Since April 2000, an unsuccessful legal challenge has denied Pedreira the return of her job or changes to the law.

Filing on behalf of Pedreira were the American Civil Liberties Union and Americans United for Separation of Church and State. Their lawsuit questioned the firing of Pedreira based on the fact that her lifestyle conflicted with KBHC’s views on sexual orientation. It also brought into play the use of taxpayer dollars to fund organizations that discriminate.

On March 31, 2008, the district court dismissed the case. On July 17, the ACLU and Americans United filed a brief with the federal appeals court (sixth circuit) seeking to move forward with their discrimination lawsuit against the Kentucky Baptist Homes For Children, Inc. (renamed Sunrise Children’s Services, but referred to in the lawsuit as KBHC).

"What it comes down to is the Federal District Court said that it’s OK to force employees to conform their conduct to the employer’s religious beliefs as long as the employer does not actually force the employee to hold those beliefs," Alex Luchenitser, senior litigation counsel for Americans United for Separation of Church and State, says of the policy of seemingly confounding doublespeak.

As a result, he adds, "If somebody identifies themselves as gay or lesbian or engages in gay or lesbian conduct, they are not allowed to work for this state-funded organization.

Legal Challenge: Being Gay Conflicts With Religious
Pedreira, adds Ken Cho, a senior staff lawyer with the American Civil Liberties Union’s Lesbian Gay Bisexual Transgender Project, "was not fired because she’s a lesbian; but rather, because her lesbianism was inconsistent with KBHC’s religious beliefs. That’s why she has a claim under the law."

As interpreted by the ACLU, Pedreira could hold a contrary religious belief in her head, "but she would have to, in her life, objectively model KBHC’s religious beliefs in terms of how she talked about homosexuality."

When the lower court dismissed Pedreira’s discrimination claims, its findings stated that Pedreira didn’t suffer religious discrimination. "The Baptist Homes did not require her to believe that being a lesbian is sinful," Cho explained. "They merely required that she observe its religious belief that being a lesbian is sinful."

This form of de facto indoctrination of employees pales in comparison to what KBHC’s charges were subjected to. In addition to advocating for the rights of LGBTs to be out in the workplace, the use of tax dollars to support indoctrination is another reason why this case is so important.

Children and parents are not normally given a choice as to where the state places them. "The state doesn’t consider the child or parent’s religious beliefs in deciding where to pace the children," Luchenitser points out.

Baptist homes, he says, indoctrinate children in many ways. These include "Prayers at mealtime, pressure to participate in Bible study and the display of Christian symbols within the facilities."

Next: ’A Coercive Religious Environment’