The Justice Department on Friday issued a statement of interest in support of the Archdiocese of Indianapolis in its ongoing dispute with a former Catholic school teacher who alleges he was wrongfully terminated because he was in a same-sex marriage.The United States has a "substantial interest in religious liberty," the Justice Department says.
Joshua Payne-Elliott is suing the archdiocese, alleging that it illegally interfered with his contractual and employment relationship with Cathedral High School, causing Cathedral to terminate him.
But in itsstatement, the DOJ said that the First Amendment protects the right of the Roman Catholic Archdiocese of Indianapolis to interpret and apply Catholic doctrine.
It was not immediately clear how binding the DOJ's statement is, or what impact it will have on Payne-Elliott's suit.
If the First Amendments Religion Clauses stand for anything, it is that secular courts cannot entangle themselves in questions of religious law, United States Attorney Josh Minkler said.
Background: Vatican pauses decree revoking school's Catholic status for refusing to fire a gay teacher
From July: An Indiana Catholic school fired a gay teacher for same-sex marriage. Now, a settlement
Payne-Elliott filed his suit in Marion County in July, saying in a news release that he hoped "this case will put a stop to the targeting of LGBTQ employees and their families." He was one of the three gay, married Catholic school employees fired at the direction of the archdiocese.
Two guidance counselors were fired from Roncalli High School. Payne-Elliott's husband, Layton Payne-Elliott, is a teacher at Brebeuf Jesuit Preparatory School. The archdiocese stripped Brebeuf of its Catholic identity after it refused to fire Payne-Elliott, though the Vatican recently suspended that ruling pending an appeal from the school.
Joshua Payne-Elliott (right), pictured with his husband Layton Payne-Elliott, is suing the Archdiocese of Indianapolis.(Photo: Photo provided by Kathleen DeLaney)
Officials with Cathedral said the archdiocese threatened to do the same if Joshua Payne-Elliott'semployment continued.
But Indianapolis Archbishop Charles C. Thompson has maintained that the church is not targeting anyone.
Rather, Thompson said, the archdiocese has a right toset whatever rules it wants for its schools and employees, includingthat they must live according to Catholic Church doctrine. The archdiocese began requiringa morality clause in teacher, administrator and counselor contracts at some of its schools four years ago, and at all Catholic schools two years ago.
"Religious liberty, which is a hallmark of the U.S. constitution and has been tested in the U.S. Supreme Court, acknowledges that religious organizations may define what conduct is acceptable and contrary to the teachings of its religion, for its school leaders, guidance counselors, teachers and other ministers of faith," the archdiocese said.
A statement of interest is described in court documents as a statement that speaks to the interests of the United States in a pending suit. It is not a ruling.
The First Amendment to the United States Constitution protects the right of religious institutions and people to decide what their beliefs are, to teach their faith, and to associate with others who share their faith, Eric Dreiband, assistant attorney generalfor the civil rights division, said in a statement. The First Amendment rightly protects the free exercise of religion.
The statement of interest saysthe First Amendment prevents courts from impairing the constitutional rights of religious institutions. The former teachers lawsuit attempts to penalize the archdiocese for determining that schools within its diocese cannot employ teachers in public, same-sex marriages, and simultaneously identify as Catholic, the statement says.
Supreme Court precedent holds that the First Amendment protects the archdioceses right to this form of expressive association, and courts cannot interfere with that right, according to the news release.
The statement of interest also says that courts cannot second-guess how religious institutions interpret and apply their own religious laws. Supreme Court precedent holdsthat the First Amendment forbids courts from engaging in quintessentially religious controversies.
Instead, the statement of interest says, the legitimacy of the Archdioceses decision as a matter of Catholic law is committed exclusively to the judgment of the Archdiocese.
Follow Justin L. Mackon Twitter: @justinlmack.
Autoplay
Show Thumbnails
Show Captions
Read or Share this story: https://www.usatoday.com/story/news/education/2019/09/27/u-s-justice-department-supports-archdiocese-gay-teachers-firing/3791560002/
Read the original:
US Department of Justice supports Indianapolis Archdiocese in firing of gay teacher - USA TODAY
- College sued for stopping students from handing out Constitution [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Argument preview: First Amendment protections for public employees subpoenaed testimony [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- China toughens environment law to target polluters [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- 1st Amendment - Laws [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- GBS205 Legal Environment -THE FIRST AMENDMENT - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Supreme Court Preview/Review #2 - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- ConLaw Class 26 - The First Amendment Speech II - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Scalia Ginsburg debate NSA and first amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Political Correctness vs First Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- ConLaw Class 25 - The First Amendment -- Speech I - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- The First Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- [USA] First Amendment abused - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- Cliven Bundy and the First Amendment - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- First Amendment Tees Co. Inc. FAT-Tee Intro Video of who we are, and what we stand for - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- University Attacks First Amendment Costs $50,000 Plus - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- First Amendment Lawsuit After '8theist' Vanity Plate Denied, 'Baptist' Approved - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- How A Public Corruption Scandal Became A Fight Over Free Speech [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- PETITION FOR A WRIT OF CERTIORARI; Crystal Cox v. Obsidian Finance Group - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- MSNBC: Marjorie Dannenfelser Discusses SBA List First Amendment Case - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- United Church of Christ sues over North Carolina ban on same-sex marriage [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Federal judge: Delayed access to court records raises First Amendment concerns [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Justices Troubled By Their Earlier Ruling On Public Employee Speech Rights [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Judge Won't Stop Jason Patric from Using Son's Name for Advocacy Purposes [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- PBL in Journalism I, 2014 - Video [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- John Dukes on First Amendment - Video [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Were Sterlings First Amendment Rights Violated? Nope. [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- Senate Dems vow vote to change Constitution, block campaign funding [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- What happened to Sterling was morally wrong [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Former Supreme Court Justice Wants to Amend the Constitution [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Donald Sterling is my HERO - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Retaining Government Power to Make Economic Policy for Internet Access: Role of the First Amendment - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- America was just defeated from within TODAY 4/29/2014 - Martial law is next - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Opposition To Proposed Monitoring Of Hate Speech By Federal Agency The Kelly File - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Westfield Mayor to pay $53K in campaign sign violation case - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- ConLaw 1 Class 27 - The First Amendment - Free Exercise - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- PEASE: Free speech zones on Bundy Ranch violated First Amendment [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Bar Owner Prevails in Buck Foston First Amendment Trial [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Was Donald Sterling's First Amendment Right to Free Speech Violated? - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- First Amendment common sense [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- The First Amendment Doesn't Allow us to Silence Opposition; Get Rid of Limits on Political Speech - Video [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Save Us Chuck - First Amendment Zones - Video [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- HAROLD PEASE: Free speech zones on Bundy Ranch violated First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- In our opinion: Why government can't tackle hate speech without shredding First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- In our opinion: Can't tackle hate speech without shredding First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Sen. Ed Markey proposes eliminating free speech - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Alabama Chief Justice Stunning Legal Ignorance - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Church Uses First Amendment Protections To Perform Same Sex Marriages - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- first amendment test filming Tucson FBI Headquarters. - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- "First Amendment ONLY for Christians," Says Alabama Chief Justice Roy Moore - Video [Last Updated On: May 5th, 2014] [Originally Added On: May 5th, 2014]
- Endangered Speeches - Video [Last Updated On: May 5th, 2014] [Originally Added On: May 5th, 2014]
- First Amendment Monument Music Video by Daniel Brouse - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- first amendment rights - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- News media challenges ban on journalism drones [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- WHAT FIRST AMENDMENT - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- Letter: First Amendment rights trampled [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- News outlets say US drone ban breaches First Amendment [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Chucking the First Amendment: Schumers cranky scheme [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Screw the First Amendment | We cant let people pray? - Video [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Chief Justice: 1st Amendment Only Protects Christians - Video [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Inside the Classroom with Professor Leslie Kendrick - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- 2014 Civics Video Awards First Amendment - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- .First Amendment protects political speech, not profanity - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- Charles "Chip" Babcock on Campaign Finance and the First Amendment - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- A First Amendment attack on Assembly... in George Washington [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- SUPREME STUPIDITY Kills The First Amendment - RIP Separation of Church & State (1787-2014) - Video [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- FBI Agents Harass Photographer: First Amendment Test - Video [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- History Project: First Amendment. - Video [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- SDG&E Challenges The First Amendment and Loses - Video [Last Updated On: May 11th, 2014] [Originally Added On: May 11th, 2014]
- Richmond City Council Uses Tricks to Undermine First Amendment - Video [Last Updated On: May 11th, 2014] [Originally Added On: May 11th, 2014]
- Their opinion: Disagreeing on the First Amendment [Last Updated On: May 12th, 2014] [Originally Added On: May 12th, 2014]
- The Clash Between the First Amendment and National Security in Times of War Symposium - Video [Last Updated On: May 12th, 2014] [Originally Added On: May 12th, 2014]
- City Charter amendment passes 581-556 [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- David Allen Legal Tuesday: Flashing Automobile Lights and the First Amendment - Video [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- Senator Chuck Schumer is against the First Amendment then and now - Video [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- Facebook SUCKS! - Video [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- Dems threaten Kochs with a constitutional amendment [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- Reid backs campaign spending limit [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- Tennessee Boy Recites First Amendment Rights After Being Told to Put Away His Bible - Video [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- 'Shutup,' they explained Crippling the First Amendment [Last Updated On: May 18th, 2014] [Originally Added On: May 18th, 2014]
- Reid Seeks To Change First Amendment To Stop Koch Brothers - Video [Last Updated On: May 18th, 2014] [Originally Added On: May 18th, 2014]