LOUISVILLE, Ky. (AP) - A judge dismissed accusations that a state-funded Baptist agency committed religious discrimination when it fired a woman because she is a lesbian, a ruling that could affect the president's faith-based initiative.
The American Civil Liberties Union filed the lawsuit against the Kentucky Baptist Homes for Children in April 2000 on behalf of Alicia Pedreira, a social worker fired from the home Oct. 23, 1998.
The decision to fire her came after Baptist Homes officials saw a photograph of Pedreira and her partner taken at the Kentucky State Fair. Baptist Homes has a policy that prohibits the hiring of homosexual employees.
U.S. District Judge Charles Simpson III ruled Monday that the lawsuit failed to fulfill the requirements of religious discrimination.
``While Baptist Homes seeks to employ only persons who adhere to a behavioral code consistent with its religious mission, the absence of religious requirements leaves their focus on behavior, not religion,'' Simpson wrote.
But Simpson said the lawsuit could continue on the question of whether government money should go to religious institutions to provide social services. President Bush is making a strong push for legislation that makes it clear that any religious group getting government money may consider religion in making hiring decisions.
The courts have said this includes one's religious practices - and for many religions that could mean rejecting job applicants because they are gay.
Ken Choe, staff counsel with the ACLU in New York City, said the agency hasn't decided whether to appeal Simpson's ruling. Pedreira could not be reached for comment by The Courier-Journal.
``This decision is a stark example of taxpayers seeing their dollars used for discrimination,'' Choe said. ``This says that, basically, religious organizations can discriminate even if they're getting money from taxpayers.''
Bill Smithwick, the president and chief executive officer of Kentucky Baptist Homes, said he was relieved by Simpson's ruling.
``We're very pleased,'' Smithwick said. ``This allows us to continue serving children based on the principles and standards we've always had.''
Baptist Homes receives more than half of its annual budget from the state and has a contract with the state that runs through next June.
AP-NY-07-25-01 0621EDT
Copyright 2001 The Associated Press.