ADL, AJC join brief on Wiccan clergyman (UPDATED)

The Anti-Defamation League and the American Jewish Committee have signed on to an Americans United for Church and State amicus brief arguing that a Wiccan clergyman should be able to challenge a state prison policy that limits paid chaplaincy positions to people who are Protestant, Catholic, Jewish, Muslim or Native American.

The court said a legal challenge to the prison’s chaplain policy can only be brought by an inmate, not someone seeking to be hired. In addition, the court denied McCollum’s claim because he could not prove he would be hired even if the state policy was changed. The court also denied McCollum’s standing as a taxpayer.

“Whether the State needs to hire a Wiccan chaplain and, if so, whether McCollum is the right person for the job, may be unclear,” the brief says. “What is clear, however, is that the district court erred in denying McCollum the chance to have his claims heard.”

UPDATE: The ADL has also released a statement. "At a minimum, the plaintiff in this case deserves his day in court to challenge a discriminatory practice," said ADL civil rights director Deborah Lauter. "He applied for a job and was told that, because of an exclusionary California policy, he was ineligible. That makes him the appropriate party to challenge the policy and it is puzzling why the trial court refused to hear his case."
 
"In addition, as a taxpayer he should have had the right to challenge the use of government funds that favor certain religions over others. The court’s decision to restrict that right is an affront to fundamental American principles of religious liberty," she said.

AU’s full statement is after the jump, as is ADL’s. Here’s a link to the brief:

Religious minorities should have the right to go to court and challenge discriminatory hiring practices imposed by the government, Americans United for Separation of Church and State has told the 9th U.S. Circuit Court of Appeals.

In a friend-of-the-court brief in McCollum v. California Department of Corrections and Rehabilitation, Americans United urged the appellate court to allow Patrick McCollum, a Wiccan clergyman, to challenge a state prison policy that limits paid chaplaincy positions to persons who are Protestant, Catholic, Jewish, Muslim or Native American.

“When government discriminates in hiring on religious grounds, those who are left out should have every right to sue,” said the Rev. Barry W. Lynn, Americans United executive director.  “Job candidates who face this type of religious discrimination should at the least have a chance to go to court and fight for their constitutional rights.”

McCollum is a qualified candidate for a chaplain position at the California Department of Corrections but cannot be considered for the job because of his religious beliefs. He brought a lawsuit against the prison, but a federal district court ruled that he lacked “standing” — the right to sue.

The court said a legal challenge to the prison’s chaplain policy can only be brought by an inmate, not someone seeking to be hired. In addition, the court denied McCollum’s claim because he could not prove he would be hired even if the state policy was changed. The court also denied McCollum’s standing as a taxpayer.

AU’s brief disputes these arguments, stating that the Constitution and civil rights law demand that McCollum have his day in court.

“More than simply being legally erroneous,” the brief asserts, “the [lower] court’s reasoning would inflict serious damage on the viability of all employment-discrimination claims.

“Whether the State needs to hire a Wiccan chaplain and, if so, whether McCollum is the right person for the job, may be unclear,” the brief continues. “What is clear, however, is that the district court erred in denying McCollum the chance to have his claims heard.”

Joining AU on the Nov. 30 brief are the Anti-Defamation League, the American Jewish Committee, The Interfaith Alliance and the Hindu American Foundation.

And ADL’s statement:

The Anti-Defamation League (ADL) urged a federal appeals court to allow a Wiccan religious leader to have his day in court to pursue a religious discrimination case.

A Wiccan clergy member challenged as unconstitutional a policy of the California Department of Corrections and Rehabilitation that limits paid clergy positions to members of five religions, not including his faith. A court denied him the right to bring the lawsuit on the grounds that he was not the correct party to do so.

Deborah M. Lauter, ADL Civil Rights Director, issued the following statement:
 
At a minimum, the plaintiff in this case deserves his day in court to challenge a discriminatory practice. He applied for a job and was told that, because of an exclusionary California policy, he was ineligible. That makes him the appropriate party to challenge the policy and it is puzzling why the trial court refused to hear his case.
 
In addition, as a taxpayer he should have had the right to challenge the use of government funds that favor certain religions over others. The court’s decision to restrict that right is an affront to fundamental American principles of religious liberty.