Herbert Ray Hall v. American National Red Cross, a Federal Corporation

The question presented in this case is whether the American National Red Cross (“Red Cross”) is an instrumentality of the United States subject to the Religious Freedom Restoration Act. We conclude that it is not and affirm dismissal of the complaint.

Background

According to his complaint, Herbert Ray Hall (“Hall”) applied to be a Red Cross-certified HIV/AIDS instructor. He informed Susan Sullivan, the Orange County Chapter Red Cross AIDS Education Coordinator, that he was HIV-positive and a member of Naamen’s Fellowship, a Christian ministry. Coordinator Sullivan informed Hall he “would have to take off [his] religious hat and be able to put on the hat of the American Red Cross” in order to be certified. Hall told Sullivan the restriction did not pose any difficulty. Sullivan expressed reservations, but placed Hall on a waiting list for an HIV/AIDS instructor certification class.

Hall completed the certification class and passed all required written and practical examinations. He was then informed by Sullivan the Red Cross was not going to certify him as an instructor because Sullivan did not believe he could separate his religious convictions from his Red Cross duties. In…