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Religion & Law

: Constitutionally Correct

Greg Baylor: Summary of the ruling in Pedreira v. Kentucky Baptist Homes for Children (6th Cir.)

By ADF Alliance Alert

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On August 31, the U.S. Court of Appeals for the Sixth Circuit issued a decision in Pedreira v. Kentucky Baptist Homes for Children. The Sixth Circuit: (1) affirmed the district court's dismissal of Alicia Pedreira's and Karen Vance's statutory employment discrimination claims against the Home; (2) affirmed the district court's ruling that the plaintiffs' status as federal taxpayers did not give them standing to assert that the financial relationship between the Commonwealth and the Home violated the Establishment Clause; (3) but reversed the district court's ruling that plaintiffs' status as state taxpayers did not give them Establishment Clause standing. The Sixth Circuit's treatment of the statutory employment discrimination claims is welcome. The Court of Appeals, like the district court, rejected the notion that a state law ban on religious discrimination in employment prohibits an employer from taking adverse action against a person because of his or her sexual orientation or conduct -- even if that action is rooted in the employer's religious convictions.

Full post as published by Constitutionally Correct on September 02, 2009 (boomark / email).

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