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

Bullet Point 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).