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ACLU Calls Bush Plan a 'Direct Threat' to LGBT People

Matt Coles Criticizes Mr. Bush's 'Faith-based Initiative'

Shifts Federal Social Service Funds to Religious Groups

Compiled By GayToday

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President Bush is delivering on one campaign promise: to give religious groups, like Pat Robertson's, federal money
New York, New York--As George W. Bush prepared yesterday to announce a new White House office to oversee the expansion of "faith-based initiatives" that will increase shifting federal funds to religious groups for social service work, the American Civil Liberties Union's Lesbian & Gay Rights Project released the following statement:

"In their current form, the president's proposals are a direct threat to lesbians, gay men, bisexuals and transgendered persons all across America.

"In response to criticism that these new plans blur the line between church and state, the administration is now using more moderate and inclusive rhetoric. But it's the plans, not the pitch, that matters here -- and the plans are dangerous.

"Religious groups that want to provide social services are completely eligible for federal funds already. But there is a condition; they cannot use the money to preach to their clients, and they have to separate religious teaching operations from their social service operations. The president's proposals would do away with that limitation."

Last Spring, the ACLU Lesbian and Gay Rights Project filed a federal lawsuit in Kentucky which illustrates vividly what is wrong with the administration's ideas about "faith-based" initiatives.

A Baptist agency which gets $13 million of its annual $19 million budget from the state fired a top-notch children's therapist because she was a lesbian. The agency fired her, it said, because as a lesbian, she was incapable of inculcating fundamentalist Christian ideas in the children she is supposed to help, and was a poor role model.

The ACLU said:

"If religious groups can get away with using government funds to preach and recruit, lesbians and gay men will pay a heavy price. But we'll hardly be alone. Children, the homeless, battered women, women looking for reproductive counseling and others will all find that proselytization is now the price of protection. For their sake, we must not let this happen.

"Lots of religious organizations do a first rate professional job of delivering social services today. The only thing these new proposals would do is to get rid of the rules that require that the job be done professionally. But this is just what the First Amendment's separation of church and state is supposed to prevent, putting preaching into government functions."

Related Stories from the GayToday Archive:

Alicia Pedreira Therapist Fired for Being Lesbian

'Hostile Climate' Hot Spots Blamed on Religious Fanaticism

Barry Lynn: Defeating the Religious Right

Related Sites:
American Civil Liberties Union

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Pedreira et al. v. Commonwealth of Kentucky and Kentucky Baptist Homes for Children

Case Background

Kentucky Baptist Homes for Children is the largest "private" provider of social services to children in Kentucky. Its many facilities statewide provide a range of services for youth who have been abused or neglected, or whose families are in crisis.

Founded in 1869, KBHC describes itself as "the oldest Southern Baptist child care ministry" in America. KBHC began receiving state funds in the 1970s, and now receives well more than half of its $19 million annual budget from public funds.

Alicia Pedreira, a KBHC therapist supervisor, was fired in 1998 because she is a lesbian. Her termination statement explained that, "Alicia Pedreira is being terminated on October 28, 1998, from Kentucky Baptist Homes for Children because her admitted homosexual lifestyle is contrary to Kentucky Baptist Homes for Children core values." KBHC immediately passed a written policy that lesbians and gay men are prohibited from employment.

Legal Claims

Represented by the American Civil Liberties Union, Pedreira filed suit against the Commonwealth of Kentucky and KBHC, arguing that Pedreira's termination and KBHC's employment policy violate state and federal law, as well as the U.S. Constitution. In particular:

  • Since public funds are used to finance staff positions that are filled in accordance with religious tenets, the Establishment Clause of the U.S. Constitution is being violated. Similarly, the state is violating the Establishment Clause by providing government funds to finance KBHC services that instill Christian values and teachings to youth in its care.
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    Alicia Pedreira and her lover Nance Goodman in the photo that caused her to lose her job

  • State and federal law prohibit employment discrimination based on religion. Pedreira was terminated because of her failure to adhere to KBHC's religious beliefs regarding homosexuality.

    Broad National Implications

    The case against Kentucky and KBHC touches on a growing national trend of funneling public funds into religious organizations that provide social services.

    Such proposals enjoy mostly bipartisan support, and both major parties' Presidential candidates support their expansion.

    This lawsuit is the first of its kind in the nation to challenge whether intrinsically religious organizations can receive public funds for social services, and still discriminate based on religion. Such discrimination could be against gay men and lesbians, as well as unwed mothers, pregnant women and people of varying faiths.
    Pedreira et al. v. Commonwealth of Kentucky and Kentucky Baptist Homes for Children

    Case Chronology

    March 1998
    KBHC recruits Alicia Pedreira from her job as a therapist at a Louisville hospital, and asks her to come work as a therapist supervisor.

    August 1998
    An amateur photograph of Pedreira and her partner is displayed without her knowledge at the Kentucky State Fair, where several KBHC employees see it.

    October 1998
    After two months of wrangling, Pedreira is fired from KBHC because she is a lesbian, which her supervisors knew when she was hired. On the same day, KBHC's Board of Directors passes a written policy barring lesbians and gay men from employment.

    October 1998
    Two of Kentucky's largest colleges stop placing social work students at KBHC, citing professional standards in conflict with KBHC's employment policies.

    April 2000
    The American Civil Liberties Union sues the state and KBHC in federal court --the first legal challenge of its kind, asserting that public funding of intrinsically religious organizations for social service work violates the U.S. Constitution when those groups are allowed to discriminate based on religion.

    June 2000
    Kentucky's highest-ranking government child-care official notes that KBHC's discriminatory policies violate social work standards and jeopardize the state's national child-care accreditation. As a result, the state indicates that KBHC's employment policy would endanger its financial contracts with the state, which are set to expire June 30, 2000.

    July 2000
    Kentucky's governor--who is mulling whether to run for the U.S. Senate - changes course suddenly, professing his own Baptist faith and renewing the state's contracts with KBHC without requiring any policy changes.

    Fall 2000
    The state files legal papers in federal court, using never-before-seen legal theories to justify its funding of KBHC. The state interprets federal law on religious-based discrimination more broadly than has ever been accepted, inaccurately invokes the U.S. Supreme Court's recent decision on Boy Scouts barring gay people, and explains that "there is no present compelling state interest in prohibiting discrimination against homosexuals."

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