July 17, 2017

Positivity: Court sides with NY archdiocese in major religious liberty decision

Filed under: Education,Positivity — Tom @ 8:30 am

From New York City:

Jul 14, 2017 / 05:00 pm

A federal court ruled Friday that the Archdiocese of New York had the right not to hire a diocesan school principal in a First Amendment religious freedom decision.

“The court saw right through this blatantly anti-Catholic lawsuit, agreeing with the Supreme Court that the church, not the state, should pick religious leaders,” Eric Rassbach, deputy general counsel at Becket, which represented the archdiocese in court, stated July 14 in reaction to the decision.

The case before the U.S. Second Circuit Court of Appeals involved St. Anthony’s school in Nanuet, N.Y., 35 miles north of New York City.

The school had decided in 2011 not to renew the contract of its then-principal Joanne Fratello because of her alleged “insubordination” shown to the pastor of St. Anthony’s parish.

Fratello later alleged that the contract decision was a case of sex-based discrimination, and she filed a lawsuit against the school and the archdiocese. She said that she had been hired in a lay capacity, and thus the archdiocese would not be exempt from a discrimination lawsuit under the “ministerial exception.”

The “ministerial exception” forbids the government from intervening in the employment of a minister by a church, as part of the Establishment Clause of the First Amendment.

The exception was upheld in 2012 in the Supreme Court’s Hosanna-Tabor decision, which clarified that the Hosanna-Tabor Evangelical Lutheran Church and School’s decision to fire a teacher who had the title of “minister” and who worked in a ministerial capacity could not merit an employment discrimination claim.

Regarding Fratello’s claim, the archdiocese argued in court that she had indeed been hired on a ministerial basis and that their decision not to renew her contract was protected under the ministerial exemption.

Becket clarified that Fratello was given a “lay” contract for her job as a principal not because her job was a secular position, but because she was not a religious who had taken a vow of poverty. A diocesan priest would have received a similar contract for the job, Rassbach explained.

On Friday, two judges for the Second Circuit and one district court judge upheld a district court decision that favored the archdiocese.

“We conclude that the plaintiff?s claims are barred because she is a minister within the meaning of the exception,” the opinion said.

“Although her formal title was not inherently religious, the record reflects that, as part of her job responsibilities, she held herself out as a spiritual leader of the school and performed many religious functions to advance its religious mission.”

Judges cannot ultimately determine whether ministerial cases constitute true discrimination, the opinion stated. …

Go here for the rest of the story.

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