.- A federal court ruled Friday that the Archdiocese of New York had the right not to hire a diocesan school principal in a First Amendment religious freedom decision.
“The court saw right through this blatantly anti-Catholic lawsuit, agreeing with the Supreme Court that the church, not the state, should pick religious leaders,” Eric Rassbach, deputy general counsel at Becket, which represented the archdiocese in court, stated July 14 in reaction to the decision.
The case before the U.S. Second Circuit Court of Appeals involved St. Anthony’s school in Nanuet, N.Y., 35 miles north of New York City.
The school had decided in 2011 not to renew the contract of its then-principal Joanne Fratello because of her alleged “insubordination” shown to the pastor of St. Anthony’s parish.
Fratello later alleged that the contract decision was a case of sex-based discrimination, and she filed a lawsuit against the school and the archdiocese. She said that she had been hired in a lay capacity, and thus the archdiocese would not be exempt from a discrimination lawsuit under the “ministerial exception.”
The “ministerial exception” forbids the government from intervening in the employment of a minister by a church, as part of the Establishment Clause of the First Amendment.
The exception was upheld in 2012 in the Supreme Court’s Hosanna-Tabor decision, which clarified that the Hosanna-Tabor Evangelical Lutheran Church and School’s decision to fire a teacher who had the title of “minister” and who worked in a ministerial capacity could not merit an employment discrimination claim.
Regarding Fratello’s claim, the archdiocese argued in court that she had indeed been hired on a ministerial basis and that their decision not to renew her contract was protected under the ministerial exemption.
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