Indianapolis, Ind., Jun 20, 2019 / 01:49 pm (CNA).- The Archdiocese of Indianapolis announced Thursday that a local Jesuit high school will no longer be recognized as a Catholic school, due to a disagreement about the employment of a teacher who attempted to contract a same-sex marriage.
“All those who minister in Catholic educational institutions carry out an important ministry in communicating the fullness of Catholic teaching to students both by word and action inside and outside the classroom,” the archdiocese said in a statement Thursday.
“In the Archdiocese of Indianapolis, every archdiocesan Catholic school and private Catholic school has been instructed to clearly state in its contracts and ministerial job descriptions that all ministers must convey and be supportive of all teachings of the Catholic Church.”
Teachers, the archdiocese said, are classified as ‘ministers’ because “it is their duty and privilege to ensure that students receive instruction in Catholic doctrine and practice. To effectively bear witness to Christ, whether they teach religion or not, all ministers in their professional and private lives must convey and be supportive of Catholic Church teaching.”
“Regrettably, Brebeuf Jesuit Preparatory School has freely chosen not to enter into such agreements that protect the important ministry of communicating the fullness of Catholic teaching to students. Therefore, Brebeuf Jesuit Preparatory School will no longer be recognized as a Catholic institution by the Archdiocese of Indianapolis.”
Despite the archdiocesan decision, “our identity as a Catholic Jesuit institution remains unchanged,” school leaders said in a June 20 statement to the school community.
The conflct between the school and the archdiocese began with an archdiocesan request that a teacher who is in a same-sex marriage not have their contract renewed.
The school became aware of the teacher’s same-sex marriage in the summer of 2017, according to a June 20 statement from Fr. Brian Paulson, SJ, head of the Jesuits’ Midwest Province.
Paulson said the archdiocese requested “two years ago that Brebeuf Jesuit not renew this teacher’s contract because this teacher’s marital status does not conform to church doctrine.”
The school leaders wrote that “After long and prayerful consideration, we determined that following the Archdiocese’s directive would not only violate our informed conscience on this particular matter, but also set a concerning precedent for future interference in the school’s operations and other governance matters that Brebeuf Jesuit leadership has historically had the sole right and privilege to address and decide.”
Paulson stated that Brebeuf Jesuit “respects the primacy of an informed conscience of members of its community when making moral decisions.”
“We recognize that at times some people who are associated with our mission make personal moral decisions at variance with Church doctrine; we do our best to help them grow in holiness, all of us being loved sinners who desire to follow Jesus.”
He added that this problem “cuts to the very heart of what it means to be a Jesuit institution with responsibilities to both the local and universal church, as well as for the pastoral care we extend to all members of our Catholic community.”
“I recognize this request by Archbishop Charles Thompson to be his prudential judgment of the application of canon law recognizing his responsibility for oversight of faith and morals as well as Catholic education in his archdiocese,” the priest wrote. “I disagree with the necessity and prudence of this decision.”
The Jesuits maintain that their school’s internal administrative matters should be made by their own leaders, rather than the local Church.
While the Code of Canon Law establishes that religious orders, like the Jesuits, “retain their autonomy in the internal management of their schools,” it also says that the diocesan bishop has “the right to issue directives concerning the general regulation of Catholic schools” including those administered by religious orders.
Canon law also says that the diocesan bishop “is to be careful that those who are appointed as teachers of religion in schools, even non-Catholic ones, are outstanding in true doctrine, in the witness of their Christian life, and in their teaching ability.”
The Church’s law adds that the diocesan bishop “has the right to appoint or to approve teachers of religion and, if religious or moral considerations require it, the right to remove them or to demand that they be removed.”
The Archdiocese of Indianapolis policy, which says that all school teachers and administrators have a responsibility to teach the Catholic faith, is a common interpretation of that norm in U.S. Catholic dioceses.
The archdiocesan June 20 statement notes that the archdiocese “recognizes all teachers, guidance counselors and administrators as ministers.” The 2012 Hosanna Tabor v. EEOC Supreme Court decision established that religious institutions are free to require those it recognizes as ministers to uphold religious teachings as a condition of employment.
The school’s leaders claim that “the Archdiocese of Indianapolis’ direct insertion into an employment matter of a school governed by a religious order is unprecedented.”
Fr. Paulson framed the problem as one of “the governance autonomy regarding employment decisions of institutions sponsored by the USA Midwest Province of the Society of Jesus.”
“Our disagreement is over what we believe is the proper governance autonomy regarding employment decisions which should be afforded a school sponsored by a religious order. In this particular case, we disagree regarding the prudential decision about how the marital status of a valued employee should affect this teacher’s ongoing employment at Brebeuf Jesuit.”
The school’s leaders added that failing to renew the teacher’s contract would cause “harm” to “our highly capable and qualified teachers and staff.”
“Our intent has been to do the right thing by the people we employ while preserving our authority as an independent, Catholic Jesuit school.”
The leaders noted that they “are prayerfully discerning how best to proceed with the process of appealing the Archdiocese’s directive.”
Fr. Paulson said the province will appeal the decision, first through the archbishop “and, if necessary, [pursuing] hierarchical recourse to the Vatican.”
Canon law establishes that “no school, even if it is in fact Catholic, may bear the title ‘Catholic school’ except by the consent of the competent ecclesiastical authority,” in this case, the Archbishop of Indianapolis.
In August 2018 Shelley Fitzgerald, a guidance counselor at Roncalli High School in Indianapolis, was placed on paid administrative leave. An employee of an archdiocesan school, Fitzgerald had attempted to contract a same-sex marriage in 2014.
At that time, Archbishop Thompson wrote that “the archdiocese’s Catholic schools are ministries of the Church. School administrators, teachers and guidance counselors are ministers of the faith who are called to share in the mission of the Church. No one has a right to a ministerial position, but once they are called to serve in a ministerial role they must lead by word and example. As ministers, they must convey and be supportive of the teachings of the Catholic Church. These expectations are clearly spelled out in school ministerial job descriptions and contracts, so everyone understands their obligations.”
He added that “When a person is not fulfilling their obligations as a minister of the faith within a school, Church and school leadership address the situation by working with the person to find a path of accompaniment that will lead to a resolution in accordance with Church teaching.”
The archbishop concluded: “Let us pray that everyone will respect and defend the dignity of all persons as well as the truth about marriage according to God’s plan and laws.”
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