Indiana School Suspends Teacher Over Same-Sex Marriage

Recently in Indiana, a Catholic high school teacher was placed on administrative leave after it was determined that she joined in a same-sex marriage.

Recently in Indiana, a Catholic high school teacher was placed on administrative leave after it was determined that she had had a same-sex marriage. The school responded that workers are expected to support the Catholic Church’s doctrines including that marriage should be between a man and a woman. Later, the teacher communicated through Facebook that she had the option of either ending her marriage or not having her contract renewed.

The Law Behind the Decision

Some legal scholars have commented that the school is permitted to terminate the teacher over her same-sex marriage because there is no law in Indiana that specifically prohibits discrimination on the basis of sexual orientation. However, an Indianapolis ordinance does exist that prohibits schools from taking this type of action. The Catholic high school, nevertheless, is still able to create a defense under the First Amendment of the Constitution that it constitutes a religious institution and as a result should be classified as a “ministerial exception.” While it remains uncertain how this case will resolve, the teacher has announced plans to pursue legal action against the high school.

Understanding the Ministerial Exception

In 2012, the Supreme Court acknowledged the ministerial exception as a defense to claims of employment discrimination with regards to a lawsuit initiated against a religious organization. The Court recognized the interest of religious organizations to decide which individuals hold ministerial positions and prevented the application of employment laws from being used against employers who acknowledge these relationships. To determine if the ministerial exception can be used, courts analyze several factors including the worker’s formal title, the “substance” of the title, the worker’s use of the title, and the religious functions that the worker performed for the religious organization.

The case in that court decision arose from a teacher at a private Jewish school who instructed students about Hebrew, attended community prayer, and instructed lessons from the Torah. After the teacher experienced a tumor, she experienced difficulty remembering what she taught. When the the school failed to respond to a parent who taunted the teacher about her memory problems, the teacher initiated a legal action under the Americans with Disabilities Act.

The Goal of the Universal Life Church’s Blog

Two similar cases concerning LGBTQ individuals have occurred in recent years. In February 2017, a first-grade teacher at a Catholic school was terminated shortly after a same-sex marriage. Also in February 2017, a softball coach at a Catholic high school resigned after parents raised complaints about the coach’s same-sex relationship.

Additional statistics reveal that since 2007, over 700 church workers in the United States who have sympathized with LGBTQ individuals have had their jobs affected. One of the reasons why so many individuals have been affected is that the Catholic Church has not recognized the increasing rights of LGBTQ individuals. By reading the Universal Life Church’s blog, you can remain up to date with various issues concerning LGBTQ rights. While there have been several significant advances in LGBTQ rights in recent years, it remains to be seen how these issues will be resolved.