A Roman Catholic school and its supporting archdiocese were within their rights to refuse to renew the employment contract of a guidance counselor who married another woman, the U.S. District Court for the Southern District of Indiana ruled Wednesday.
Lynn Starkey, who’d spent nearly 40 years at Roncalli High School in Indianapolis, in roles ranging from New Testament teacher, to choral director, fine arts chair, guidance counselor and co-director of guidance, was terminated in 2019 when she disclosed her marital status and then sued claiming discrimination based on her sexual orientation.
In his summary judgment ruling, federal Judge Richard L. Young, a Clinton appointee who in 2014 struck down the Hoosier State’s ban on same-sex marriage, said Ms. Starkey’s final position as co-director of guidance “falls within the ministerial exception” as defined in two Supreme Court rulings, 2020’s Our Lady of Guadalupe School and 2012’s Hosanna-Tabor, cases which involved firings of employees who acted against the school’s religious teachings.
“One may reasonably presume that a religious school would expect faith to play a role in that work, and Roncalli expressly entrusted Starkey with the responsibility of communicating the Catholic faith to students and fostering spiritual growth,” Judge Young wrote. “Starkey also served in a senior leadership role in which she helped shape the religious and spiritual environment at the school and guided the school on its religious mission.”
Despite Ms. Starkey’s claims that her role was principally involved in giving secular advice to the high school’s students, the court found her work tightly integrated with Roncalli’s Catholic educational mission.
“Today’s ruling is common sense: religious groups have a constitutional right to hire people who agree with their religious beliefs and practices,” Luke Goodrich, vice president and senior counsel at Becket, the public interest law firm representing the archdiocese, said.
“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 said, adding, “Today’s decision ensures that religious schools can remain faithful to their religious mission.”
Ms. Starkey subsequently found work at a public school in the area, the Indianapolis Star newspaper reported. Shelly Fitzgerald, another guidance counselor at Roncalli High School and Ms. Starkey’s spouse was fired by the school in 2018 and also sued the school. That action is pending in federal district court.
In a statement, attorney Kathleen A. DeLaney, who represented Starkey, said she was “disappointed” with the ruling and is “considering an appeal and evaluating our options.”
She added, “We are concerned about its potential impact on not just our clients, but on other educators working for religious schools.”
Two other Indiana Catholic schools have had to deal with teachers in same-sex marriages in recent years. Joshua Payne-Elliott is appealing a May 2021 dismissal of his suit against the Archdiocese of Indianapolis. He is also represented by Ms. DeLaney.
Layton Payne-Elliott, a teacher at Brebeuf Jesuit Preparatory School in Indianapolis and the spouse of Joshua Payne-Elliott, had his employment challenged in 2019 by the Indianapolis archdiocese. School administrators, who report to the Midwest Jesuit province, balked at dismissing Layton Payne-Elliott. The archdiocese severed ties with the school.
Sign up for Daily Newsletters
