Baptist Homes Victorious  
Federal judge upholds hiring practices of religious groups
From, The Kentucky Citizen Digest, September/October, 2001.

A federal court shored up religious freedom and family values when it ruled that the Kentucky Baptist Homes for Children (KBHC) should not be forced to hire or retain homosexuals. On July 23, U.S. District Judge Charles Simpson III dismissed a suit by a lesbian claiming her civil rights were violated when KBHC fired her in 1998.  Simpson agreed with KBHC’s insistence that employees comply with core values saying  “the civil rights statutes protect religious freedom, not personal lifestyle choices.”
   
Baptist Homes for Children President Dr. Bill Smithwick was pleased with the ruling.  He emphasized that positive role models are critical to KBHC’s mission. “Having counselors who assert homosexual behavior is not, we believe, the best way to care for troubled and abused children,” said Smithwick, who looks forward to focusing on Kentucky’s abused, neglected and dependent children in need—a service which has been uninterrupted for 131 years.
   
While the ruling has been good news for the Baptist Homes for Children, they have not been without trials.  Immediately after the firing, child care referrals dropped by 50% in Jefferson county.  Smithwick says this was retribution from social service workers who were actively involved in local gay-rights efforts.  Then last year the state threatened to terminate KBHC’s contract unless it implemented a new policy allowing homosexuals to work there.  Now, KBHC capacity is down by nearly 25% from when the controversy began two years ago.   

Despite the pressure, Smithwick hasn’t flinched.  It was the state that scrapped its demands and renewed the contract anyway.  And Jefferson County referrals by social workers have picked up considerably.   
   
The American Civil Liberties Union (ACLU) filed suit in April 2000, on behalf of two lesbians:  Alicia Pedreira, a youth counselor at KBHC’s Spring Meadows Children’s Home in Louisville; and Karen Vance, a co-plaintiff who said she did not apply for a job at Baptist Homes because of the policy.  Pedreira, who worked with troubled teens at KBHC, was fired after it became publicly known she was a homosexual. 
   
Perrier’s firing became a rallying cry for homosexual activists, elevating the issue of homosexual rights in the Commonwealth. Within one year of her firing, the cities of Lexington, Louisville, Henderson  and Jefferson County passed special gay rights laws banning employment discrimination against homosexuals.  Henderson has since rescinded its ordinance.
   
The ruling drew harsh criticism from homosexual activists. Perrier’s attorney, Ken Hoe of the New York ACLU said the ruling was ‘’a wake-up call’’ about the dangers of faith-based initiatives.  Eric Ferrari, a spokesman for the lesbian and gay rights project at the ACLU in New York called the ruling “shocking stuff.”
   
But Melissa Stewart of the Kentucky-based  Equal Rights Not Special Rights said, “The only thing that is shocking is that a small group of homosexuals would try to impose their agenda on KBHC with the force of law.  More people are seeing that homosexuality is a behavior.  This court was not willing to extend protections based on behavior.”  
   
The ruling is good news overall for KBHC.  However, the judge did not determine whether it is appropriate for KBHC to receive public tax dollars and will allow that aspect of the lawsuit to continue. 
   
The ACLU’s challenge of this policy may have national implications.  “[This ruling] ups the ante on the Bush faith-based initiative,” Ferrari said.  While it could be years before the case reaches the U.S. Supreme Court, any lower court setbacks could be used as fodder against publicly funded faith-based initiatives. 
   
Stewart remains optimistic though, hoping to build on earlier victories which do away with special rights for homosexuals.  “I hope this ruling sends a message that Kentucky is not the state to advance the gay agenda,” Stewart said.
 

Key Family Foundation Contacts: Kent Ostrander , Executive Director Martin Cothran , Senior Associate Policy Analyst