Religious groups have control over religious speech in workplace

By The Associated Press

05.17.02

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SAN FRANCISCO — Religious groups have some control over religious speech in their workplaces, the California Supreme Court ruled, backing a Catholic medical center's decision to fire a clerk who preached born-again Christian views.

The unanimous court ruled yesterday that First Amendment rights were superseded by state and federal laws granting religious organizations some latitude to choose employees in furtherance of their religious mission.

Restricting that control "could excessively entangle the courts in determining what kind of religious speech is appropriate in a religious organization's workplace," Justice Carlos Moreno wrote.

The ruling stems from the case of Terence Silo. In 1995, a Sacramento County jury ordered CHW Medical Foundation to pay Silo $6,305, saying the clinic fired the records clerk in violation of discrimination laws.

A hospital "termination paper" said Silo was being let go because of "soul saving on clinic premises."

The organization argued that there was no clear public policy against a religious employer engaging in religious discrimination. A state appeals court had upheld the jury's verdict.

Although the state Supreme Court threw the verdict out, it skirted the issue of whether a 1999 revision in state law would outlaw the firing.

"That change occurred after Silo's termination and ... can have no bearing on his suit," Moreno wrote.

Silo could not be reached for comment. His attorney did not return repeated calls.