Archdiocese wins appeals case in gay-Roncalli counselor firing – IndyStar
A federal appeals court has rejected a former Roncalli High School counselor’s discrimination case against the school and the Archdiocese of Indianapolis after she was fired over her same-sex marriage.
The Seventh Circuit Court of Appeals announced Thursday that it is dismissing Lynn Starkey’s appeal in her lawsuit against the high school, which she filed in 2019 after she was fired the previous year.
A federal judge in August of 2021 ruled the church acted within its constitutionally-protected rights when the school fired Starkey, who had worked there for nearly 40 years.
Starkey then sought to overturn the court’s finding that Starkey was a “minister of the faith” in her role as a guidance counselor.
Becket, the group representing the archdiocese, said in a statement that the appeals court ruling affirms the freedom of religious schools to choose leaders who uphold their core religious teachings.
“Religious groups have a constitutional right to hire individuals who believe in their faith’s ideals and are committed to their religious mission,” said Luke Goodrich, vice president and senior counsel at Becket. “Our justice system has consistently ruled that the government cannot intrude on a religious organization’s choice of who will pass on the faith to the next generation.”
In a 2019 lawsuit, Starkey alleged that the archdiocese and Roncalli subjected her to a hostile work environment, discriminated against her on the basis of her sexual orientation and retaliated against her due to her complaints of discrimination.
Comment from Starkey or her lawyer was not made immediately available Thursday night.
Starkey was one of two gay, married guidance counselors fired from Roncalli during a spate of high-profile skirmishes between LGBTQ employees and the archdiocese. Her co-director of guidance, Shelly Fitzgerald, was suspended at the start of the 2018-19 school year and later fired. Starkey continued working but claimed in her lawsuit that she was subjected to discrimination, a hostile work environment and retaliation.
The firings drew nationwide attention, both in condemnation of the church’s actions and in support. Throughout, the archdiocese held that it had the right to hire employees that upheld the teachings of the Catholic church.
IndyStar reporter Arika Herron contributed to this reporting.
Contact IndyStar reporter Caroline Beck at 317-618-5807 or CBeck@gannett.com. Follow her on Twitter: @CarolineB_Indy.
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