RECENT DEVELOPMENTS
Freedom of Religion
By Richard R.
Hammar,
J.D., LL.M., CPA
© Copyright 1988, 1998 by Church Law & Tax Report.
All rights reserved. This publication is designed to
provide accurate and authoritative information in regard to the
subject matter covered. It is provided with the understanding that
the publisher is not engaged in rendering legal, accounting, or
other professional service. If legal advice or other expert
assistance is required, the services of a competent professional
person should be sought. Church Law & Tax Report, PO Box 1098,
Matthews, NC 28106. Reference Code: m47 m43 c0188
A federal court in Iowa rejected the claim
that the employment of a full-time chaplain at a public hospital
violated the first amendment's nonestablishment of religion
clause. The court acknowledged that a public hospital's
employment of a chaplain violated the nonestablishment of religion
clause, but concluded that such a practice was validated by the
first amendment's other religion clause (guaranteeing the free
exercise of religion). The court referred to decisions upholding
the constitutionality of military and prison chaplains. Like
military personnel and prison inmates, hospital patients often are
isolated and restricted in the exercise of their religion. The
provision of a chaplain in all of these cases , concluded the
court, is necessary to ensure that the constitutional right to
freely exercise one's religion is protected. However, the court
cautioned that the hospital chaplain's activities could not be
unrestricted. The court held that the chaplain could not actively
proselytize; counsel with employees, outpatients, or families not
in the hospital for emergencies or "death-bed watches"; or have
access to patients' medical records without the express approval of
the patient or a guardian. Carter v. Broadlawn Medical Center,
667 F. Supp. 1269 (S.D. Iowa 1987).