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US: Gay vice principal ‘fired for getting married’ sues Catholic school

  • Steven Gregory

    He has a strong case: the school employee handbook stated non-discrimination and included sexual orientation. In cases where employees of religious institutions are dealt harshness, I usually shrug my shoulders; but in this situation, I HOPE HE KICKS THEIR ASS!

  • Truth

    Surely, this will be a legal fight over the rights of religions to discriminate against people they don’t like and this guy’s human rights. No contest when it’s put like that ….

  • atalanta

    This is a very interesting case. Church-owned employers have very strong constitutional rights to discriminate in the US, and these cases have usually been considered hopeless.

    But Mr Zmuda’s team has hinted at two potential lines of argument:
    1) that this was anti-gay discrimination, not protected religious speech, because the administration does not usually require that its staff obey (or accept) church teachings in their personal lives, i.e. gay staff are being treated differently than other “sinners” from a Catholic perspective e.g. divorcees, cohabitees etc. If the court decides in Mr Zmuda’s favour on these grounds, then Catholic employers will need to ensure that doctrinal conformity is enforced uniformly for all staff, or not at all. Since many employers would find it impractical to sack every staff member on a second marriage, a decision like this could allow a lot of gay employees to keep their jobs – but only in those states with LGB employment protections.
    2) that the school renounced its right to fire Mr Zmuda for being gay by announcing that it did not discriminate on grounds of sexual orientation. This line of argument has limits; constitutional rights are inalienable, including the school’s right to discriminate as a form of religious speech. But there is an argument here that the school breached the terms of employment that it set with Mr Zmuda. If Mr Zmuda wins on these grounds, it will only protect people whose employers made similar assertions, but it could protect them even in states without LGB employment protections.

  • Cal

    No doubt the school will argue that they did not discriminate against his orientation but rather his expression of it. This argument would have to look at the definition of homosexual. Is homosexual someone who has same-see attraction orisit defined by those who have same-sex relationships or encounter? I hope he flattens them.

    • Olterigo

      The school’s argument probably won’t win. A couple of times in the last 5 years the US Supreme Court has stated that it sees little – if any – difference between gay orientation and gay conduct.

  • CHBrighton

    Well done him for bringing this case. But I am always fazed by gay peoples continued adherence to religious organisations that treat their intimate life with such disdain.

  • andy

    In the year 2014..who really believes all the rubbish that this and other churches spew out daily, and their schools are daily dangerously poisoning the minds of the young. All religious teaching should be banned in schools everywhere, because they just preach hate and bring upset to the young. Thought they were all supposed to teach love, peace and harmony?

    Why the hell would you want to work for these bigots?

    Good luck…hope the court awards massive damages.

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