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10th Circuit Rejects Claim That Confidentiality Rule Violates Free Exercise

By Howard M. Friedman

In Kosan v. Utah Department of Corrections, (10th Cir., Aug. 21, 208), the U.S. 10th Circuit Court of Appeals rejected a free exercise claim brought by Vivian Kosan, a counselor formerly employed by the Utah prison system. That portion of the lawsuit stemmed from a letter of warning issued to Kosan by one of her superiors because Kosan had reported unsubstantiated charges of sexual harassment by her supervisor Brandon Burr a religious authority, Burr's LDS Stake President. Kosan was instructed not to repeat that type of conduct which was defamatory and revealed confidential information. Kosan claimed that this order interfered with her right to consult with her clergy. The court concluded, however, that since the warning letter applied a policy against discussing Departmental business with outsiders that is applicable to non-religious as well as religious conduct, it is a permissible neutral rule of general applicability. (See prior related posting.)

Full post as published by Religion Clause on August 29, 2008 (boomark / email).