Trouble at the old Kentucky home

Church & State, Jun 2000 by Benen, Steve

When A State Funded Baptist Child Care Agency Fired A Worker On Religious Grounds, It Sparked...

When Alicia Pedreira participated in an AIDS walk in Louisville, Ky., in 1997, losing her job was the farthest thing from her mind.

During the event, an amateur photographer took Pedreira's picture. The photo was later entered in a contest at the Kentucky State Fair, without her knowledge or permission. Though it was nearly impossible to predict at the time, this single picture led not only to Pedreira losing her job, but also to a ground-breaking court battle that will test the boundaries of tax aid to churchrun social services.

In March 1998, Pedreira was hired to work at the Kentucky Baptist Homes for Children (KBHC), an institution that describes itself as the "largest private provider of child welfare in Kentucky." Last year, the facility cared for over 3,800 children and teens, most of whom were placed in the KBHC's care by the state.

There is little question about the religious nature of the Baptist home. In a February 1998 press release, KBHC President William Smithwick said, "Our mission is to provide care and hope for hurting families through Christ-centered ministries. I want this mission to permeate our agency like the very blood through our bodies. I want to provide Christian support to every child, staff member, and foster parent."

In fact, children are heavily exposed to religion as part of their care. In January 1999, Smithwick said, "We are able to share the Bible and Christian literature with the children, and involve them in Christian activities. We had 171 professions of faith last year."

While working with children as a family specialist, Pedreira was responsible for counseling and teaching "living skills" to troubled youths, and by all accounts, her job performance was excellent. After working at the home for six months, her evaluation recognized Pedreira's "exceptional skills" and noted that she was a "valuable part" of KBHC's staff. Her supervisor described her as a "wonderful person to supervise," who was "very honest and hard working" and of the "highest moral and ethical character."

During her tenure at the facility, one family in particular singled out Pedreira for praise, noting that she was the first counselor to successfully make a positive difference in their son's life.

However, enthusiasm for Pedreira's professional life quickly turned into hostility for her personal life.

The photo of Pedreira from the AIDS event featured her walking with her partner and wearing a t-shirt identifying her as a lesbian. Co-workers at the KBHC happened to see the photo at the state fair and reported their discovery to Jack Cox, Pedreira's supervisor and the agency's program director.

On Oct. 23, 1998, after refusing to resign or accept a demotion, Pedreira was fired by the KBHC on the grounds that her sexual orientation was in conflict with the religious identity of the facility. According to her termination statement, Pedreira was fired because her "admitted homosexual lifestyle is contrary to the Kentucky Baptist Homes for Children core values."

"I was shocked even though I knew it was going to happen," Pedreira told Church & State. Describing the whole situation as "topsy turvy," she added that she became frustrated because, "everything seemed to be happening outside of my world:'

The day Pedreira was fired, the home also announced its clarified employment policy, explaining that "homosexuality is a lifestyle that would prohibit employment" at the agency.

As the KBHC's Smithwick explained in an interview with the Associated Press, "We place a lot of emphasis on role models, and for us to have a staff person who is openly homosexual in some way could encourage (youngsters) to be sexually confused and to enter the homosexual lifestyle."

Both Pedreira and her former supervisor agree that the Baptist home was well aware of her sexual orientation when she was hired. Pedreira was presented with what amounted to a "don't ask, don't tell" scenario in which she was told her private life wouldn't be an impediment to her job, so long as her homosexuality was not discussed in the workplace.

Under normal circumstances, Pedreira's termination would not be a matter for the courts. Religious institutions hire and fire employees for a variety of reasons all the time, and since neither federal nor Kentucky state antidiscrimination laws protect homosexuals, Pedreira would have little recourse available. (Even in states with laws barring employment discrimination against gays, religious institutions are often exempt.)

However, the Kentucky Baptist Homes for Children is not just a private religious facility. Founded as a denominational charity in 1869, the Baptist home last year received $13 million of its $19 million budget from Kentucky taxpayers. This year, staffers told the Associated Baptist Press that $15 million of its $21 million budget is coming from the state. Moreover, public dollars finance the salaries of most of the home's employees, and in fact, paid the salary for Pedreira while she was employed there.