Americans United Urges Appeals Court To Give Prison-Chaplaincy Applicant His Day In Court

[Adsos Letter]

SOURCE: AU
December 1, 2009

Wiccan Clergyman Should Have the Right To Challenge Government-Imposed Religious Discrimination, Says Watchdog Group
Religious minorities should have the right to go to court and challenge discriminatory hiring practices imposed by the government, Americans United for Separation of Church and State has told the 9th U.S. Circuit Court of Appeals.

In a friend-of-the-court brief in McCollum v. California Department of Corrections and Rehabilitation, Americans United urged the appellate court to allow Patrick McCollum, a Wiccan clergyman, to challenge a state prison policy that limits paid chaplaincy positions to persons who are Protestant, Catholic, Jewish, Muslim or Native American.

“When government discriminates in hiring on religious grounds, those who are left out should have every right to sue,” said the Rev. Barry W. Lynn, Americans United executive director. “Job candidates who face this type of religious discrimination should at the least have a chance to go to court and fight for their constitutional rights.”

McCollum is a qualified candidate for a chaplain position at the California Department of Corrections but cannot be considered for the job because of his religious beliefs. He brought a lawsuit against the prison, but a federal district court ruled that he lacked “standing” — the right to sue.


LINK: http://www.au.org/media/press-releases/archives/2009/12/au-urges-appeals-court-to.html

[Brickbat]

1. I love Americans United.

They do excellent work.

[Fumesucker]

2. A person cannot be hired as a chaplain because he is religious?

That's just bizarre..

[Sinistrous]

3. I guess I do not understand this "having standing" rule.

This guy brought suit for discrimination against himself.

Who the hell else wold "have standing" to bring suit on his behalf?

I have been harboring a suspicion that courts use "standing" as a cop out in uncomfortable cases.