Legal Question in Civil Rights Law in New York
Chaplains ministering in congregate care
In the situation where a chaplain is ministering in congregate care, i.e. residents of a nursing home or students in a residential mental health care facility, is it against the law for said chaplain to minister to residents who do not consider themselves part of any organized religion? Since these residents are a captive audience, so to speak, it has been said that if the residents have a religion than the chaplain can minister and advise. But if they do not then the chaplain would be evalgelizing and that is against the law when done in a congregate care or residential care facility.
Thank you.
1 Answer from Attorneys
Re: Chaplains ministering in congregate care
It is always evangelical when those being preached to are unwilling or unable to give informed consent.
Such activities must by law be limited to those who are agreeable. To do otherwise is repugnant to a free society and the constitutional freedoms so valued in the United States.
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