Subpoena For Missionary Records Does Not Violate Free Exercise or Establishment Clause

In Cason v. Federated Life Insurance Co., 2011 U.S. Dist. LEXIS 54778 (ND CA, May 20, 2011), plaintiff sued Federated Life Insurance for disability insurance bad faith.  As part of discovery in the case, Federated issued a subpoena to Optimum Health Institute (OHI)-- which claims to be a church.  Plaintiff, in a deposition, indicated either that she worked at OHI or received some kind of treatment or therapy there. At issue in this case was OHI's claim of privilege for plaintiff's attendance records, her missionary application, and her missionary check-in, time sheet and requests for extension. The court rejected OHI's claim that requiring it to produce these would violate the state and federal establishment and free exercise clauses, privacy protections and the clergy-penitent privilege.