Duffy

Introduction

In this case we determine whether the Department of Corrections (Department) can limit certain publicly paid chaplaincy positions to persons ordained, accredited by and in good standing with the Roman Catholic Church without violating the establishment clause, the equal protection clause, or article I, sections 4, 7 and 8 of the California Constitution. We hold that it can.

Factual and Procedural Background

The minimum qualifications established by respondent Board of Corrections for the position of Catholic Chaplain require that an applicant be an “[o]rdained priest, duly accredited by and in good standing with the Roman Catholic Church, and approved by the Bishop of the diocese in which the [correctional] institution is located.” The State Personnel Board’s description of the duties and functions of a Catholic Chaplain is as follows: “A Catholic Chaplain, under direction, gives spiritual and moral guidance to State Institution residents; conducts Roman Catholic religious services and instruction', interviews and counsels mental patients, juvenile or adult offenders, or Veterans Home members on ethical and moral problems and spiritual matters; celebrates…

—I concur in the judgment. I write separately because I think no difficult constitutional issues have been tendered.

Father Duffy seeks reinstatement to the position of prison chaplain, from which he was dismissed for failure to meet standards of ordination and accreditation established by the Roman Catholic Church and adopted by the Department of Corrections. He challenges the right of the state to set such *23 standards, arguing that the establishment and equal protection clauses of the federal Constitution preclude such criteria when different criteria are applied to the selection of Protestant and Jewish chaplains.

Father Duffy cannot challenge the authority of the state to provide for paid prison chaplains since he is seeking just such a position. The lengthy discussion in the majority opinion on that point is therefore misplaced.

The authority of the state to pay prison chaplains, free of the restraints of the establishment clause, if any, derives solely from the free exercise rights of inmates whose religious practices have been impaired by incarceration. (See Abington School Dist. v. Schempp (1963) 374 U.S. 203, 296-298 [ 10 L.Ed.2d 844, 900-901 , 83 S.Ct. 1560 ], cone.…

Raymond J. Leonardini for Real Party in Interest and Respondent.

OPINION

DAVIS, J. —

In this case we determine whether the Department of Corrections (Department) can limit certain publicly paid chaplaincy positions to persons ordained, accredited by and in good standing with the Roman Catholic Church without violating the establishment clause, the equal protection clause, or article I, sections 4, 7 and 8 of the California Constitution. We hold that it can.

The minimum qualifications established by respondent Board of Corrections for the position of Catholic Chaplain require that an applicant be an "[o]rdained priest, duly accredited by and in good standing with the Roman Catholic Church, and approved by the Bishop of the diocese in which the [correctional] institution is located." The State Personnel Board's description of the duties and functions of a Catholic Chaplain is as follows: "A Catholic Chaplain, under direction, gives spiritual and moral guidance to State Institution residents; conducts Roman Catholic religious services and instruction; interviews and counsels mental patients, juvenile or adult offenders, or Veterans Home members on ethical and moral problems and…