Advocacy groups challenge public hospital's adherence to Catholic tenets

By David Hudson
The Freedom Forum Online

08.18.00

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The city of St. Petersburg, Fla., and the medical center running its public hospital violated the establishment clause by managing the facility according to religious doctrines, a federal lawsuit contends.

The National Organization for Women, the American Civil Liberties Union of Florida, the Americans United for Separation of Church and State, and Planned Parenthood of Southwest and Central Florida allege that Bayfront Medical Center entangled church and state when it agreed to operate the hospital according to tenets of the Roman Catholic Church.

The city has leased the facility to Bayfront since 1968. In 1983, Bayfront renewed its lease for 50 years, agreeing to pay $10 per year to operate the facility.

In their complaint in National Organization for Women v. City of St. Petersburg, the plaintiffs allege that in 1997, Bayfront "entered into an alliance" — the BayCare Health System — under which it agreed to abide by the Ethical and Religious Directives of the Catholic Church.

The plaintiffs' lead attorney, Marcia Cohen, calls this arrangement a "stealth deal" that entangles government with religion.

"The city has delegated its duty to the hospital which has in turn entangled itself with the church," Cohen said. "Not only does this violate the establishment clause, but it limits the health care choices of the entire community."

The plaintiffs are seeking "a permanent injunction barring the City and Bayfront from continuing to operate the Bayfront facility in a manner that is religious in nature."

The plaintiffs say that the entanglement must stop for several reasons. They point out that the religious tenets under which Bayfront is operating prevent patients from receiving a variety of legal medical procedures, including abortions, emergency contraception and artificial insemination.

"Public health services should never be forced to conform to religious dictates," said Barry Lynn, executive director of Americans United for Separation of Church and State, in a news release. "This arrangement violates church-state separation by allowing one denomination to exercise control over an essential public service."

The litigation is complex, as the defendants both sued each other earlier this year. The city sued Bayfront on March 30, alleging that the medical center had caused the city to become entangled with religion. The next day Bayfront sued the city in state court for a declaration that it was not in violation of the establishment clause. Bayfront's suit was later removed to federal court. Both suits are pending.

John Wolfe, the St. Petersburg city attorney, declined to comment on the suit filed by the advocacy groups. He did say, however, that the new suit "contains many of the same issues" as the lawsuits between the city and Bayfront, which he says are in mediation.

The attorneys for the hospital were out of the office and unavailable for comment.

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