on the basis of sexual orientation in two prominent cases,” including Bellmore v. United
Methodist Children’s Home and Department of Human Resources of Georgia.
131
Among
the allegations in this case, many of which are disputed and will have to be resolved at
trial, are that Aimee Bellmore was discharged “when UMCH administrators learned that
she does not ascribe [sic] to UMCH’s religious beliefs, including regarding
homosexuality” and that Alan Yorker was not hired “solely because he is Jewish.”
132
Roughly 40% of the Home’s funding comes from the government and some substantial
portion of Bellmore’s salary was paid by public funds.
133
When Bellmore and Yorker
filed charges with the EEOC, the Home asserted a Title VII exemption.
134
The complaint
denies that the Home is entitled to such an exemption: “UMCH cannot, consistent with
the United States and Georgia Constitutions, engage in religious discrimination under
shelter of this exemption while receiving substantial government financial support.”
135
Nevertheless, according to Lupu and Tuttle, “neither Congress, nor the Georgia
legislature, nor any local lawmaking body has conditioned participation in the foster care
program, operated by DHR, upon surrender of UMCH’s existing hiring exemption.”
136
Bellmore and Yorker are likely to lose on this part of their complaint, however
meritorious other portions may be.
There is still a certain irony in the Home’s response to the complaint. As noted
earlier
137
, the United Methodist Church’s Board of Church and Society is on the record as
opposing the Title VII exemption in President Bush’s faith-based initiative. The United
Methodist Church’s “minimum criteria” for contracting with the government state that
“[s]kill, competence, and integrity in the performance of duties shall be the principal
Convention