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January 27, 2005

Illinois follow-up

On Tuesday I posted about Illinois' expanded civil rights to homosexuals and the potential implications for church clergy. The Alliance Defense Fund allays the fears of religious groups by noting that the bill did not change the already-existing portion of the law that excludes churches and the employees of churches from the law's requirements. Specifically 775 ILCS 5/Art. 2(A)(2) provides:

"Employer" does not include any religious corporation, association, educational institution, society, or non-profit nursing institution conducted by and for those who rely upon treatment by prayer through spiritual means in accordance with the tenets of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society or non-profit nursing institution of its activities.

This exception remains unchanged by the Act's amendment, in spite of comments made by some legislators suggesting the bill would apply to religious groups. My colleagues in the health law industry tell me that hospitals, many of which are run or owned by religious organizations, are still grappling with how the law will apply to them, given the semi-religious ingredients of some non-profit hospitals.

Posted by Joshua Claybourn at January 27, 2005 12:00 AM

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