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ALICIA M. PEDREIRA; KAREN VANCE; PAUL SIMMONS; JOHANNA W.H. VAN WIJK-BOS; and ELWOOD STURTEVANT, Plaintiffs-Appellants, v. KENTUCKY BAPTIST HOMES FOR CHILDREN, INC.; ISHMUN F. BURKS, Secretary of the Commonwealth of Kentucky Justice and Public Safety Cabinet; and JANIE MILLER, Secretary of the Commonwealth of Kentucky Cabinet for Health and Family Services, Defendants-Appellees. |
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Appeal from the United States District Court
for the Western District of Kentucky at Louisville.
No. 00-00210—Charles R. Simpson III, District Judge.
Argued: March 11, 2009
Decided and Filed: August 31, 2009
Before: CLAY and GIBBONS, Circuit Judges; GREER, District Judge.
JULIA SMITH GIBBONS, Circuit Judge. Plaintiffs-appellants Alicia M. Pedreira, Karen Vance, and several Kentucky taxpayers1 appeal the district court’s dismissal of their claims against defendants-appellees Kentucky Baptist Homes for Children, Inc. (“KBHC”); Ishmun F. Burks, Secretary of the Commonwealth of Kentucky Justice and Public Safety Cabinet; and Janie Miller, Secretary of the Commonwealth of Kentucky Cabinet for Health and Family Services.2 Pedreira and Vance brought suit against KBHC for its policy of firing and not hiring gay and lesbian employees, alleging discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”) and the Kentucky Civil Rights Act, and the plaintiffs brought suit against all defendants for violations of the Establishment Clause of the First Amendment. The United States District Court for the Western District of Kentucky granted KBHC’s motion to dismiss the employment discrimination claims and, in a subsequent order, dismissed the plaintiffs’ First Amendment claims against all defendants because it concluded that the plaintiffs did not have standing.
For the reasons that follow, we affirm the dismissal of the plaintiffs’ employment discrimination claims, but we reverse the dismissal of the plaintiffs’ First Amendment claims and remand them for further proceedings.