Pedreira v. Kentucky Baptist Homes for Children
| Decision Date | 23 July 2001 |
| Docket Number | No. CIV.A.3:00CV-210-S.,CIV.A.3:00CV-210-S. |
| Citation | 186 F.Supp.2d 757 |
| Parties | Alicia M. PEDREIRA, et al, Plaintiffs, v. KENTUCKY BAPTIST HOMES FOR CHILDREN, INC., et al, Defendants. |
| Court | U.S. District Court — Western District of Kentucky |
David A. Friedman, Fernandez, Friedman, Grossman & Kohn, Louisville, KY, Matthew Coles, Kenneth Y. Choe, Amer. Civil Liberties Union Foundation, New York City, Vicki I. Buba, Stone, Pregliasco, Haynes & Buba, Louisville, KY, Steven K. Green, Ayesha Khan, Alex J. Luchenitser, Margrett F. Garrett, Americans United for Separation of Church and State, Washington, DC, Michael Adams, Lambda Legal Defense & Educ. Fund, New York City, for plaintiffs.
Andrew J. Russell, John O. Sheller, Emily S. Norris, Jeffrey S. Schafer, Smith & Smith, Louisville, KY, Patrick T. Gillen, Robert J. Muise, Kimberly A.R. Daniels, Thomas More Center for Law & Justice, Ann Arbor, MI, Gregor S. Baylor, Annandale VA, for Kentucky Baptist Homes for Children, Inc., defendant.
Jonathan D. Goldberg, Jan M. West, Goldberg & Simpson, Louisville, KY, for Robert Stephens, Viola Miller, defendants.
On October 23, 1998, after approximately seven months of employment, Alicia Pedreira ("Pedreira") was terminated from her position as a Family Specialist at Spring Meadows Children's Home, a facility owned and operated by Kentucky Baptist Homes for Children, Inc. ("KBHC").
The decision to terminate her was made after a photograph taken of her together with her acknowledged "life partner" was displayed at the Kentucky State Fair, and her lesbian lifestyle became known to KBHC. The termination statement she received stated "Alicia Pedreira is being terminated on October 23, 1998, from Kentucky Baptist Homes for Children because her admitted homosexual lifestyle is contrary to Kentucky Baptist Homes for Children core values."
KBHC then issued a public statement with respect to the termination to the effect that
KBHC has required that all its employees "exhibit values in their professional conduct and personal lifestyles that are consistent with the Christian mission and purpose of the institution." KBHC also adopted an employment policy which stated that
[h]omosexuality is a lifestyle that would prohibit employment with Kentucky Baptist Homes for Children. The Board does not encourage or intend for staff to seek out people within the organization who may live an alternative lifestyle, we will however, act according to Board policy if a situation is brought to our attention.
Pedreira filed this action challenging her termination and the policies adopted by KBHC on the ground that its actions constitute religious discrimination.
A second plaintiff in this action, Karen Vance ("Vance"), is a social worker living in California. She has alleged that she wishes to relocate to Louisville to be closer to her aging parents. She claims that there are employment positions open at KBHC for which she is qualified, but for which she has not applied because she is a lesbian. She has asserted that her application for a position with KBHC would be futile in light of its formal and well-publicized policy prohibiting gays and lesbians from employment. Complaint, ¶¶ 41, 42, 43. Vance claims that KBHC's hiring policy constitutes religion-based employment discrimination.
Seven individuals, identified in the complaint as Kentucky taxpayers, are also plaintiffs in this action. They claim that government funds provided to KBHC are used to finance staff positions which are filled according to religious tenets, and to provide services designed to instill Christian values and teachings in the children. These plaintiffs contend that state money is thus used for religious purposes, in violation of the United States Constitution.
The Commonwealth of Kentucky has been sued on the ground that it violated the Establishment Clause of the First Amendment by providing government funds to KBHC. There is no dispute that KBHC has contracted with Kentucky and received government funds for the operation of its facilities. KBHC provides services to youth placed in its care as wards of the state.
The defendants have filed a number of motions seeking dismissal of the complaint. They will be addressed seriatim.
Title 42 of the United States Code, Section 2000e-2(a)(1) () provides in part that "[i]t shall be an unlawful employment practice to fail or refuse to hire or to discharge any individual ... because of such individual's ... religion." There is no dispute that homosexuals have been found entitled to the same protections under Title VII as heterosexual individuals with respect to their right to be free from religious discrimination.
KBHC contends that its policy against the employment of homosexuals in general, and its treatment of Pedreira in particular, is openly discriminatory with regard to homosexual conduct, but does not constitute religious discrimination, and is therefore not prohibited under either Title VII or the Kentucky Civil Rights Act.1
The plaintiffs concede that Title VII does not prohibit employment discrimination on the basis of homosexuality. Homosexuals have not been recognized as a class protected by Title VII. DeSantis v. Pacific Telephone & Telegraph Co., 608 F.2d 327 (9th Cir.1979). Thus, KBHC's intentional exclusion of homosexuals from employment does not run afoul of Title VII unless it constitutes discrimination on the basis of religion.
Title VII prohibits employers from using an individual's religion as a criterion for discharging or refusing to hire. The courts have found a corollary to this prohibition. Title VII also precludes an employer from discriminating by utilizing an individual's failure to embrace the employer's faith. Blalock v. Metals Trades, Inc., 775 F.2d 703 (6th Cir.1985) (); Shapolia v. Los Alamos National Laboratory, 992 F.2d 1033 (10th Cir.1993) (); Venters v. City of Delphi, 123 F.3d 956 (7th Cir.1997) ().
Pedreira and Vance contend that living a homosexual lifestyle constitutes a failure to embrace KBHC's religious faith or practice. Thus they contend that it is impermissible to base employment decisions upon this lifestyle choice.
The parties agree that KBHC does not require its employees to practice any religion. They are not required to attend religious services nor are they required to be members of or believers in any particular religion or religious group. The plaintiffs contend, however, that KBHC's behavioral requirement, although facially religion-neutral, requires conformity with KBHC's religious beliefs in actual practice. In order for an employee's professional and personal comportment to be acceptable in the eyes of KBHC, it must be "consistent with the Christian mission and purpose of the institution." Thus the plaintiffs argue that a requirement that employees behave in a manner which is consistent with KBHC's religious beliefs constitutes an unconstitutional imposition of KBHC's religion upon them as a condition of employment.
KBHC contends that it does not wish to be viewed as accepting homosexuality, and does not wish to employ homosexual individuals for that reason. KBHC's concern is with the projected persona of its employees which is said to reflect upon the public image of KBHC. KBHC urges that its policy on employee behavior is consistent with its religious values, but stands independent of any form of religious faith or practice.
As we are required to do by Conley v. Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957) and its progeny, the court takes the allegations of the complaint as true for purposes of analysis.
This is an action brought under statutes that protect the religious freedom of individuals in the workplace. The complaint's second claim for relief contains the conclusory statement that Pedreira was discharged and Vance would not be hired because of their "failure to hold and adhere to KBHC's religious beliefs concerning homosexuality." ¶ 64. However, there are no facts alleged which support this contention.
The plaintiffs do not allege that their individual lifestyle choices are premised upon their religious beliefs, or lack thereof. They do not state whether they accept or reject Baptist beliefs in particular, or whether they practice any religion. Rather, they focus on KBHC's so-called "impermissible religious motivation," Complaint, ¶ 64, in an attempt to turn this claim involving non-religious lifestyle choices into one based upon religious discrimination. However, Title VII does not prohibit an employer from having a religious motivation.
While KBHC seeks to employ only persons who adhere to a behavioral code consistent with KBHC's religious mission, the absence of religious requirements leaves their focus on behavior, not religion. KBHC imposes upon its employees a code of conduct which requires consistency with KBHC's religious beliefs, but not the beliefs themselves.
Pedreira and Vance would place the focus on the underlying reasons for KBHC's policies regarding personal and professional comportment. The religious foundation for KBHC's policies is not relevant to the analysis however because KBHC does not condition employment on the acceptance or practice of its religious beliefs. Employees need not embrace the...
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Pedreira v. Kentucky Baptist Homes for Children
...they had been discriminated against because of their refusal to comply with KBHC's religion. Pedreira v. Ky. Baptist Homes for Children, Inc., 186 F.Supp.2d 757, 762 (W.D.Ky.2001) ("Pedreira I"). The district court denied the defendants' motion for summary judgment on the First Amendment al......
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Pedreira v. Kentucky Baptist Homes for Children, Inc.
...allege that their sexual orientation was premised on their religious beliefs or lack thereof. Pedreira v. Kentucky Baptist Homes for Children, Inc., 186 F. Supp. 2d 757, 761 (W.D.Ky. 2001). The Sixth Circuit affirmed the dismissal of Pedreira's claim on that ground, also finding that Vance'......