Georgia Lawsuit with Charitable Choice Implications

[Rick Duncan]

I read Bob and Chip's excellent analysis of the
complaint in this case.

I have a question for Chip. In analyzing whether a
religious grantee can lawfully impose a religious test
for employees, did you consider whether Dale applies
and protects the right of expressive association? Did
I miss it, or did you decide there is no Dale issue?

Cheers, Rick

--- "Lupu, Ira (Chip)" <iclupu at MAIN.NLC.GWU.EDU>
wrote:
> Bob Tuttle and I have a published comment on this
> lawsuit
> (Bellmore v. United Methodist Children's Home et
> al.) on the
> website for the Roundtable on Religion and Social
> Welfare Policy
> (www.religionandsocialpolicy.org; click "Legal" to
> get to the
> comment).  The suit involves considerably more than
> the
> employment discrimination issues described in Family
> News in
> Focus.  Among other things, the suit includes
> allegations of direct
> state financial support for religious worship, in
> violation of both the
> Georgia and U.S. Constitutions.
> If you go to the website, you might want to check
> out the
> Roundtable's Conference here in Washington, DC next
> week.  For
> anyone interested in Charitable Choice, this
> Conference will be
> well worth attending.
>
> Jim Henderson wrote:
>
> > Family News in Focus (a Focus on the Family
> offshoot) reports the following
> > story about a suit filed in Georgia state court:
> >
> > Ga. Case Threatens Religious Nonprofits
> > By Bob Kellogg, correspondent
> >
> >
> > A court case in Georgia may impact religious
> organizations nationwide and
> > their ability to engage in charity.
> >
> > A lawsuit in Georgia state court might eventually
> affect religious service
> > organizations nationwide that receive government
> funds. A Jewish therapist
> > filed suit against the United Methodist Children's
> Home in Decatur after it
> > refused to consider him for a job because of his
> faith.
> >
> > The home admits Alan Yorker was a top candidate,
> but the hiring process
> > ended when Yorker wrote down that he attended a
> synagogue. Joining the
> > lawsuit is Aimee Bellmore, a former employee who
> was fired when it became
> > known she is a lesbian.
> >
> > Greg Baylor, of the Christian Legal Society, is
> defending the children's
> > home.
> >
> > "What is at stake here is the freedom of religious
> organizations to maintain
> > their character — their religious character,"
> Baylor said.
> >
> > Ron Bennett, who is director of Family Life
> Services, a 60-year-old
> > nonprofit Christian organization in Colorado
> Springs, Colo., that helps
> > single mothers transition into better situations,
> said his ministry decided
> > from the beginning to operate without government
> funding.
> >
> > "We have really appreciated the freedom we've had
> over the years," Bennett
> > said. "We've seen some other programs go under
> because they were so
> > dependent on governmental funding."
> >
> > Baylor said the argument the plaintiffs are using
> in the case is
> > unprecedented.
> >
> > "For some reason, if you get some money from the
> government in order to
> > provide a service to somebody else (they contend)
> that you cannot be
> > religious," Baylor said.
> >
> > He added that the view is held by radical
> activists "who think that
> > religious organizations ought to be on the margins
> of society; that they
> > should not participate in public life; that
> they're not fit to serve people
> > with government money."
> >
> > Said Baylor: "There's great ironies in a case like
> this and I'm disturbed by
> > this trend."
> >
> > Lambda Legal Defense, the homosexual activist law
> group that represents the
> > plaintiffs, did not return calls requesting an
> interview.
> >
> > Religious organizations are exempt from Georgia
> nondiscrimination laws
> > because legislators understand the need for the
> groups to maintain their
> > values. Also, state law does not prohibit
> discrimination on the basis of
> > sexual orientation.
> >
> >
>
****************************************************************************
> > ***
> > Jim "More No Good Deed Goes Unexamined" Henderson
> > Senior Counsel
> > ACLJ
> >
> >
>
>
>
>
> Ira C. ("Chip") Lupu
> The George Washington University School of Law
> 2000 H St., NW
> Washington D.C 20052
>
> (202) 994-7053
>
> ICLUPU at main.nlc.gwu.edu


=====
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