Federal court affirms archdiocese’s rights in school employment practices

A sign for Roncalli High School in Indianapolis is seen in this file photo. (File photo by Sean Gallagher)

By Sean Gallagher

In a significant religious liberty victory, a federal judge on Aug. 11 ruled that the Archdiocese of Indianapolis is free to provide an authentic Catholic education to students and families across central and southern Indiana.

It came in a summary judgment by Judge Richard L. Young of the U.S. District Court of the Southern District of Indiana in favor of the archdiocese in Starkey v. Roncalli High School and Archdiocese of Indianapolis.

In the case, Lynn Starkey, a former co-director of guidance at Roncalli High School in Indianapolis, claimed that she experienced illegal discrimination because of her sexual orientation when her employment contract was not renewed in 2018.

In a statement issued by Becket on behalf of the archdiocese, it was noted that “every administrator, teacher and guidance counselor” at Roncalli “signs an agreement to uphold the teachings of the Catholic Church in both their professional and private lives.”

Because Starkey had signed such a contract, it was not renewed when she informed the school that she had entered into a civil same-sex marriage.

Roncalli and the archdiocese, represented in the case by Becket, a Washington-based religious liberty law firm, argued that federal anti-discrimination law did not apply in this case.

They maintained that the First Amendment’s guarantee of religious freedom prohibits the government from compelling the Church to hire educators who reject its teachings for positions in which they are responsible for passing on the faith.

In American religious liberty jurisprudence, this has become known as a “ministerial exception.”

Judge Young agreed that “the ministerial exception covers Starkey’s role as co-director of guidance.”

“One may reasonably presume that a religious school would expect faith to play a role in that work,” Judge Young wrote, “and Roncalli expressly entrusted Starkey with the responsibility of communicating the Catholic faith to students and fostering spiritual growth.”

On these grounds, and based on a growing precedent in American law regarding religious liberty and the ministerial exception, Judge Young ruled in favor of the archdiocese in the Starkey case.

“Today’s ruling is common sense: Religious groups have a constitutional right to hire people who agree with their religious beliefs and practices,” said Luke Goodrich, vice president and senior counsel at Becket. “At all levels of the judiciary, courts have made clear that the government has no place interfering with a religious organization’s decision about who can pass on the faith to the next generation.

“Many parents make sacrifices so their children can attend Catholic schools that uphold the dignity of every human person and teach the fullness of the Catholic faith,” Goodrich added. “Today’s decision ensures that religious schools can remain faithful to their religious mission.”

The Aug. 11 ruling in the Starkey case follows the May 7 dismissal in Marion County Superior Court of a lawsuit brought against the archdiocese by Joshua Payne-Elliot, a former teacher at Cathedral High School in Indianapolis.

Payne-Elliot had claimed that the archdiocese had illegally interfered in his employment agreement with Cathedral when the high school in 2019 had chosen to separate from him after he had entered into a same-sex marriage.

Payne-Elliot is appealing the dismissal of his case by Judge Lance Hamner. According to The Indianapolis Star, Starkey is considering appealing the ruling in her case.
 

(For more information on the Starkey case, including links to court documents, visit cutt.ly/Starkey.) †