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Disability, religious-freedom claims clash at Indiana Supreme Court

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An argument over dinner has taken on First Amendment religious-freedom and disability-protection dimensions before the Indiana Supreme Court.

Justices Monday heard arguments in Fishers Adolescent Catholic Enrichment Society v. Bridgewater, 990 N.E.2d 29 (Ind. Ct. App. 2013), vacated. Fishers Adolescent Catholic Enrichment Society, an organization of parents who home school, sponsored a dinner-dance for students at which the Bridgewater family requested a steak dinner be served to their daughter. Because of food allergies, she couldn’t consume the chicken dinner that had been arranged, and FACES leaders requested the Bridgewaters bring their daughter’s meal.

After FACES failed to accommodate the request, the Bridgewaters filed a discrimination claim with the Indiana Civil Rights Commission. A few days, later the Bridgewaters were excluded from the group. The ICRC ruled FACES unlawfully discriminated by expelling the family in retaliation for a disability claim. The Court of Appeals affirmed a $2,500 fine, but struck an ICRC order that FACES post the decision on its website and elsewhere.

Arguing for FACES, Patrick T. Gillen said the agency lacked jurisdiction and erred because the group’s mission wasn’t “related to education” as the statute requires.

“We believe the civil rights law has been applied in a way that’s inconsistent with the First Amendment,” Gillen said. The ICRC, he said, had engaged in “second-guessing membership decisions” of a private religious group that has a right to self-determination as it relates to membership, and that the ICRC made “an unprecedented intrusion” into private decision-making.

The Bridgewaters’ attorney, Nelson Nettles, said the case has little to do with religion.

“They like to keep shifting the focus to religious matters,” he said. “We’re talking about discrimination against people with disabilities. … It was because of the disability complaint that they kicked (the Bridgewaters) out.”

Nettles said the Supreme Court of the United States has ruled repeatedly that “discrimination against people with disabilities has a heavier weight in these kinds of cases.” He cited the SCOTUS case of professional golfer Casey Martin, in which justices ruled the Professional Golf Association could not enforce a rule forbidding the use of golf carts to bar Martin from the tour. Martin claimed a disability requiring the use of a cart.

Justice Robert Rucker asked Gillen if he could think of a case in which the ICRC would have jurisdiction over FACES. He said he couldn’t, but there might be.

Justice Mark Massa pressed Nettles on whether he would concede that the Court of Appeals was correct in rejecting what Massa called “the public shaming” the ICRC ordered – that FACES post its decision. But Nettles said statute allowed ICRC to make such an order. “It’s one of the few remedies that actually benefits my client,” he said.

During rebuttal, Gillen attacked the assertion that FACES retaliated against the Bridgewaters, arguing that the ICRC’s administrative law judge found, for instance, that the family “did in fact meddle with arrangements” for the dinner-dance and were “undermining the group.”

But Rucker suggested to Gillen this was an invitation to reweigh the evidence.

Gillen said the decision to exclude the Bridgewaters wasn’t a case of discrimination or retaliation, but rather a matter of “home-schooling mothers who said, enough is enough.”

Justices raised several hypotheticals that threw both attorneys, including whether a private, evangelical Christian group could exclude members of other faiths, whether the level of a group’s organization or the type of someone’s disability would be factors in applying the civil rights statutes, and whether the ICRC could intervene if someone was denied admission to the group rather than being excluded later.    

Chief Justice Brent Dickson focused the final question for Gillen on the statutory language that subjected groups to ICRC jurisdiction if their mission is “related to” education. “That language chosen by the Legislature is awfully broad,” he said.
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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