LOUISVILLE, Ky. (AP) _ A federal judge Tuesday dismissed part of a lawsuit filed on behalf of a lesbian who was fired by the Kentucky Baptist Homes for Children because of her sexual orientation.
The American Civil Liberties Union filed the lawsuit in April 2000 on behalf of Alicia Pedreira, a social worker fired from the state-funded home Oct. 23, 1998. The decision to fire her came after officials at Baptist Homes 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.
Another lesbian, Karen Vance, was also listed as a plaintiff. Vance said she did not apply for a job at Baptist Homes because of the policy.
The lawsuit said that policy amounts to religious discrimination.
But the judge said the lawsuit could continue on the question of whether government money should go to religious institutions to provide social services. The decision could have a national effect on whether religious organizations should get government money to provide secular services and could affect President Bush's faith-based initiative.
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. ``This is an action brought under statutes that protect the religious freedom of individuals in the workplace. However, there are no facts alleged which support this contention.''
Pedreira could not be reached for comment.
Ken Choe, staff counsel with the ACLU in New York City, said the agency hasn't decided whether to appeal Simpson's ruling.
``We're trying to figure out what our options are,'' Choe said.
Baptist Homes receives more than half of its annual budget from the state.
``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.
``None of us would've chosen to go through a situation like this. We're happy it's all resolved.''
Baptist Homes has a contract with the state that runs through June 2002.