Archdiocese of Indianapolis scores religious liberty win against LGBT employees

A federal court in Indiana ruled in favor of a Catholic private school that suspended a guidance counselor on the basis that she violated her contract by being in a same-sex marriage, marking the latest victory for the Archdiocese of Indianapolis.

Judge Richard Young ruled Friday that the Archdiocese of Indianapolis and its educational institutions can hire, retain, or suspend faculty in accordance with their religious standards after the archdiocese prevailed in a lawsuit filed by Shelly Fitzgerald, the co-director of guidance at Roncalli High School in Indianapolis.
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INDIANA SUPREME COURT SIDES WITH CATHOLIC DIOCESE IN FIRING OF GAY TEACHER

Fitzgerald was terminated from her job once she admitted to school officials after three months of employment that she was in a same-sex marriage, which the school claimed was in violation of an agreement she signed when she was hired. She subsequently filed a discrimination lawsuit against Roncalli and the archdiocese.

In throwing out her lawsuit, the court noted Fitzgerald failed to honor two major parts of a contract she signed prior to her hiring by violating her duty to be a “minister of faith” to students and peers. The contract also contained a default clause stipulating that she would forfeit her employment if she engaged in “personal conduct … at variance with … the moral or religious teachings of the Roman Catholic Church.” Catholic doctrine holds that marriage must be between a man and a woman.

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Young’s decision is the latest in a string of precedent-setting court victories for the Archdiocese of Indianapolis. In July, an Illinois-based federal appeals court tossed out a similar lawsuit by a different guidance counselor at Roncalli in the case Starkey v. Roncalli High School and Archdiocese of Indianapolis. And in August, the Indiana Supreme Court sided with the archdiocese over the firing of Joshua Payne-Elliott, a Cathedral Catholic High School teacher who was also in a same-sex marriage.

“Teachers, counselors, and other school staff have an important role in students’ lives. We are glad the court decided to let Roncalli decide for itself who should have that responsibility,” said Luke Goodrich, senior counsel and vice president at the Becket Fund, which has argued several cases for the archdiocese.

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