Catholic school can fire counselor for being in same-sex marriage, appeals court rules
A federal appeals court has ruled that a Catholic high school in Indiana can legally fire a guidance counselor for being in a same-sex marriage because it violated the school's religiously-influenced standards for employees.
A three-judge panel for the U.S. 7th Circuit Court of Appeals unanimously ruled Thursday that Roncalli High School and the Catholic Archdiocese of Indianapolis can legally refuse to renew Michelle Fitzgerald's contract because she was in a same-sex marriage.
Circuit Judge Amy J. St. Eve, a George W. Bush appointee, authored the panel opinion, writing that the school was protected by the ministerial exception, namely that, because Fitzgerald performed religious duties, she could be fired for religious reasons.
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"Our precedent makes clear that Fitzgerald was a minister at Roncalli and that the ministerial exception bars this suit," wrote St. Eve.
"A fact-specific inquiry remains necessary in cases where the ministerial exception is asserted as a defense to balance the enforcement of our laws against the protections of our Constitution."
Circuit Judge Michael Brennan, a Donald Trump appointee, wrote a concurring opinion, offering thoughts on the extent to which the ministerial exception applies whenever "an employer provides a religious reason for an adverse employment decision that implicates a protected class other than religion."
"But, no doubt, our circuit and its district courts will have occasion to address the statutory exemption in another case where a non-minister plaintiff asserts Title VII claims against a religious employer," Brennan predicted.
Becket Law, a legal group specializing in religious liberty cases that represent the school and the archdiocese, celebrated the panel opinion.
"Religious schools exist to pass on the faith to the next generation, and to do that, they need the freedom to choose leaders who are fully committed to their religious mission," said Becket Counsel Joseph Davis in a statement released Thursday.
"The precedent keeps piling up: Catholic schools can ask Catholic school teachers and administrators to be fully supportive of Catholic teaching."
In 2018, Fitzgerald's one-year contract as a guidance counselor was not renewed due to the school learning that she was in a same-sex marriage. She had been working for the school for 14 years.
Around the same time, fellow Co-Director of Guidance Lynn Starkey told school officials she was also in a same-sex romantic relationship, leading to her employment termination.
Starkey and Fitzgerald each filed separate lawsuits against the Catholic educational institution, arguing that the school engaged in discrimination when dismissing them.
Last September, Judge Richard Young of the U.S. District Court of Southern Indiana ruled in favor of the Archdiocese and Roncalli and against Fitzgerald, citing the ministerial exception.
"Roncalli entrusted Fitzgerald to teach the Catholic faith and carry out Roncalli's religious mission," Young, a Clinton appointee, ruled. "Fitzgerald's employment agreement and Roncalli's description of Fitzgerald's expected duties are, alone, sufficient to resolve this case."
In January, Americans United for Separation of Church and State filed an appeal on behalf of Fitzgerald, arguing in a statement released at the time that "religious employers are not above civil-rights laws."
"But the ministerial exception applies only to important preachers and teachers of the faith; it was never intended to be a free pass for any religious employer to discriminate against its entire workforce," stated Americans United.
"Fitzgerald was not a minister and never performed religious duties; as a guidance counselor, she assisted and advised students on their academic, professional and vocational options."
Regarding Starkey's lawsuit, a three-judge panel of the 7th Circuit ruled against her in July 2022, with Brennan authoring the unanimous opinion and again citing the ministerial exception.
"[Starkey] was identified as a 'minister of the faith' in her job description and employed under a 'Ministry Contract' beginning in the 2017–18 school year," wrote Brennan last year.
"For more than 30 years, Roncalli's employment contracts included a morals clause, and all evidence shows that the school considered Starkey a minister and entrusted her with religious duties."
