In an action under the First Amendment and various employment statutes challenging defendant-Baptist Homes for Children's policy of firing and not hiring gay and lesbian employees, dismissal of the complaint is affirmed in part where the termination of plaintiff based on her sexual orientation did not constitute discrimination on account of religion. However, the ruling is reversed in part where plaintiffs sufficiently demonstrated standing as state taxpayers for their Establishment Clause challenge.
Argued: March 11, 2009
Decided and Filed: August 31, 2009
Opinion by Judge Gibbons
Alexander Joseph Luchenitser, Americans United for Separation of Church and State, Washington, DC