* A federal court in Oregon ruled that a federal Bureau of Prisons policy requiring chaplains to have a Master of Divinity degree did not constitute unlawful religious discrimination against persons without such a degree. A federal court in Oregon rejected a minister’s claim that the federal government’s refusal to hire him as a chaplain was based on unlawful religious discrimination. The Federal Bureau of Prisons has adopted standards for becoming a chaplain that require applicants to be ordained clergy and to have earned a Master of Divinity degree or its academic equivalent. A counselor (“Tom”) for the Federal Bureau of Prisons, who was also an ordained minister, was rejected for a chaplaincy position because he did not have a Master of Divinity degree. Tom sued the Bureau for religious discrimination. A federal court dismissed his claim on the ground that he failed to produce any evidence that the Bureau had discriminated against him or members of his denomination. The court noted that “over 65% of Bureau chaplains are Protestant, including six who are members of Tom’s denomination (all of whom have Master of Divinity degrees), even though only 35% of the inmates indicate a religious preference of Protestant.” Tucker v. Reno, 205 F. Supp.2d 1169 (D. Ore. 2002).

© Copyright 2004 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: m23 m47c0604