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Federal appeals court rules in favor of Roncalli HS in same-sex marriage case

CHICAGO (WISH) — A federal appeals court has ruled in favor of Roncalli High School’s decision not to renew a former school counselor’s contract because she was in a same-sex marriage.

The judge’s ruling cites freedom of religion protections under the First Amendment.

In August 2018, a colleague of Lynn Starkey’s, Shelly Fitzgerald, was let go because she was in a same-sex union. In that same month, Starkey told Roncalli’s leadership she, too, was in a same-sex marriage.

In November 2018, Starkey filed an equal-opportunity complaint.

The school allowed Starkey to finish her contract through the end of the 2018-19 school year, at which point she received notice that her employment would not be renewed for 2019-20 because she violated the terms of her contract.

In July 2019, Starkey filed a lawsuit against the high school and the Archdiocese of Indianapolis.

Statement

“Religious groups have a constitutional right to hire individuals who believe in their faith’s ideals and are committed to their religious mission. 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.

“Catholic schools are tasked by the Church to uphold the dignity of every human person and teach the fullness of the Catholic faith. The Seventh Circuit’s decision ensures that religious schools can remain faithful to their mission.”

Luke Goodrich, vice president and senior counsel at The Becket Fund for Religious Liberty