Federal judge sides with Roncalli, the archdiocese in firing of gay guidance counselor – IndyStar
A federal judge has ruled that Roncalli High School and the Archdiocese of Indianapolis acted within their constitutionally protected rights when the school fired a guidance counselor over her same-sex marriage.
In a 2019 lawsuit, Lynn 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. Starkey was fired because of her same-sex marriage after working nearly 40 years at Roncalli.
The church has argued that the “ministerial exception” to employment discrimination claims gives them autonomy to choose their leaders, including teachers and guidance counselors. In a ruling issued Wednesday, a federal judge sided with the church and granted a request for summary judgement, holding that the ministerial exception bars all of Starkey’s claims.
Study Hall: Our subscriber-exclusive newsletter filled with local education news
“When the state interferes with these types of employment decisions, it violates both the Free Exercise and Establishment Clauses of the First Amendment,” wrote judge Richard Young.
Starkey’s lawyer said Wednesday that she was disappointed in the ruling and considering an appeal. She has 30 days to decide.
“We’re disappointed with the court’s ruling and concerned about its potential impact, not just on Lynn Starkey, but on all educators in religious schools,” said Kathleen DeLaney, the attorney representing Starkey.
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.
Starkey and her wife married in 2015. It wasn’t until the 2017-18 school year that Starkey was asked to sign an employment contract with the “ministerial language” clause that has consumed much of the debate about gay employees in Catholic schools locally.
DeLaney has previously said that Starkey’s relationship was not a secret. Roncalli Principal Chuck Weisenbach had visited their home, she said.
“It just never was an issue,” Starkey told IndyStar during a 2019 interview.
It became an issue in 2019, when Starkey was informed she would not be offered a new contract, one of four gay Catholic school employees that the archdiocese sought to have fired. In addition to Starkey and Fitzgerald, the archdiocese directed Cathedral High School to fire Joshua Payne-Elliott, a teacher in a same-sex marriage, which it did. It also directed Brebeuf Jesuit Preparatory School to fire his husband, Layton Payne-Elliott. Brebeuf did not fire him and split with the archdiocese on the issue.
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.
“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,” said Luke Goodrich, vice president and senior counsel at Becket, the group representing the archdiocese. “Today’s decision ensures that religious schools can remain faithful to their religious mission.”
Fitzgerald has filed a similar lawsuit that is still pending in federal court.
Joshua Payne-Elliott also sued the archdiocese after he was fired from Cathedral High School because of his same-sex marriage and is appealing the dismissal of his lawsuit earlier this year. That case is still pending.
Call IndyStar education reporter Arika Herron at 317-201-5620 or email her at Arika.Herron@indystar.com. Follow her on Twitter: @ArikaHerron.