Federal Judge Sides with Catholic School Over Guidance Counselor’s Firing

The Catholic Sun ^ | 10/4/22 | Carol Zimmermann

[marshmallow]

WASHINGTON (CNS) — A federal court in Indiana sided with the Archdiocese of Indianapolis and one of its Catholic high schools in a lawsuit filed by a former guidance counselor who said her contract was not renewed because of her same-sex union.

The Sept. 30 ruling in Fitzgerald v. Roncalli High School and the Archdiocese of Indianapolis, relied on previous Supreme Court rulings that have emphasized a ministerial exception protecting a religious school’s hiring and firing practices from government intrusion.

The recent decision echoes a nearly identical ruling from a year ago based on a lawsuit filed against the same school and archdiocese from another school counselor whose contract was similarly not extended due to her same-sex union.

The decisions in both cases were issued by U.S. District Judge Richard Young for the Southern District of Indiana.

Young said the Indianapolis Archdiocese and its schools can select, retain or dismiss faculty according to their religious standards, something he also stressed a year ago.

The current case involved Shelly Fitzgerald, former co-director of guidance at Roncalli High School for 15 years. Her employment was terminated in 2018 after she confirmed to the school that she was in a same-sex union and the school declined to renew her contract for the following year.

[Chainmail]

Supposedly, Einstein said that “the definition of insanity is repeating the same action and expecting a different result”.

The gays keep bucking the Church and then expecting the courts to vindicate them.

[Nifster]

Good

[KC_Conspirator]

Double good.

[Taxman]

Triple Good!

[joma89]

This is a nice win for religious liberty and freedom of association.

[fwdude]

Why do these types of cases continue to be filed? It’s a “NO,” and that’s all there is to it.

[fwdude]

Certain aspects of this case are still disturbing. The fact seems to be granted that if the counselor were determined NOT to be a "minister," upheld only because it was explicitly stated in a contract, that they school would not have a case and would lose based on employment law.

This cannot be allowed to be the case in the future. Churches are independent of the government.

[circlecity]

My church has a very successful school and I have advised them to include ministerial duties and obligations in every employee contract and in the general code of conduct.