Around the states

Church & State, Sep 2000

Fla. Lawsuit Challenges Catholic Rules At 'Public' Hospital

Americans United and three other advocacy organizations filed a federal lawsuit Aug. 16 to block a city hospital in Florida from following Roman Catholic religious directives.

The first-of-its-kind lawsuit against the city of St. Petersburg, Bayfront Medical Center and BayCare Health System charges that direct and indirect support of the hospital with taxpayer funds violates the separation of church and state because the facility operates under the tenets of the Roman Catholic hierarchy.

Since 1968, St. Petersburg has agreed to allow the medical facility to be run by Bayfront Medical Center. Problems began, however, in 1997 when Bayfront entered into an alliance with several other hospitals in the Tampa area, including religiously run hospitals.

To implement the new alliance, Bayfront agreed to operate the city's hospital according to the "Ethical and Religious Directives" of the Roman Catholic bishops. After the agreement, staff at the facility, including physicians, employees, volunteers, students and other contracted agents, were expected to sign a statement expressing a commitment to follow the ethical directives of the National Conference of Catholic Bishops.

Under the directives, patients are restricted from receiving a variety of legal medical procedures, including abortion, sterilization, emergency contraception and artificial insemination. Patients' wishes identified in living wills also may be limited if they do not comport with Catholic doctrine.

Plaintiffs in the lawsuit include Americans United, the American Civil Liberties Union of Florida, the National Organization for Women Foundation and Planned Parenthood of Southwest and Central Florida. Pinellas County residents Jeanie Blue, Beth Lindenberg, Lee DeCesare and Irene Miller are also plaintiffs in the case, which was filed in federal district court.

Since 1995, there have been over 100 mergers of Catholic and non-Catholic hospitals. In many cases, reproductive services were lost or taken off site when the bishops' directives were applied.

Ga. Church Donations To Candidate Are Illegal, Says AU

A Georgia church violated federal tax law by donating $2,000 to a state legislative candidate, Americans United has charged.

AU has asked the Internal Revenue Service to investigate the incident, which centers on the First Assembly of God in Warner Robins. According to financial disclosure documents, the church gave Rep. Pamela Bohannon $1,000 in 1998 and $1,000 during her current reelection campaign.

Bohannon and officials at the church said they did not know the donations were unlawful. "We weren't trying to do anything illegal," the Rev. Glenn Grantham, the church's pastor, said. "We were simply supporting a candidate. I don't see anything wrong with that."

Bohannon, a member of the congregation, later returned the money. But Americans United contends that both the candidate and church leaders should have known the donations were illegal. Bohannon, for example, took a course in campaign financing after her election two years ago.

In a letter to the IRS, Americans United requested a prompt investigation. "[T]hese church contributions are a clear and flagrant violation of federal tax law," wrote Americans United Executive Director Barry W. Lynn to the IRS. "I urge you to investigate the church's actions and take appropriate measures."

Section 501(c)(3) of the Internal Revenue Code prohibits nonprofit organizations, including churches, from intervening in political campaigns on behalf of or in opposition to candidates for public office.

S.C. Sheriff Told To Stop Giving Tax Aid To Churches

A South Carolina sheriff who had been awarding federal funds to a local church has been stripped of control over his budget after county council members learned of his spending activities.

Since July 1999, Dorchester County Sheriff Ray Nash has paid $29,938 to Crossroads Community Church, just over 10 percent of the $290,386 his office received from the U.S. Marshall's Service to defray the costs of housing federal prisoners. On July 10, the county council voted to 6 to 1 to take control over the sheriff's budget away from Nash.

"I pay my tithes every week, but I don't ask the taxpayers to do it," Councilman Randy Scott said after challenging Nash's church expenditure.

Nash told the council that the money paid for a chaplain program for prisoners.

Since assuming office in 1996, Nash has been a lightning rod for controversy. Shortly after getting elected, Nash announced "character guidelines" for his employees, which included a prohibition on unmarried employees living with someone of the opposite sex.

New Jersey Legislature Approves Islamic Law

New Jersey Gov. Christie Todd Whitman has signed legislation to enforce Islamic food preparation standards.

Whitman approved the law July 13 after the measure was passed unanimously by the New Jersey legislature. "Al Quran [the Koran] instructs Muslims to eat `that which Allah hath bestowed ...as lawful and good,"' Whitman said.