Indianapolis, Ind., Mar 9, 2020 / 02:24 pm (CNA).- Indiana’s Marion Superior Court has postponed a hearing scheduled for Tuesday in a religious liberty case over whether a Catholic school may dismiss a teacher for publicly violating Church teaching.
Becket, which is representing the the Archdiocese of Indianapolis in the case, has announced that a March 10 hearing in Payne-Elliott v. Archdiocese of Indianapolis “has been postponed for medical reasons.”
It added that the hearing will be reset at a later date.
Joshua Payne-Elliott, a former teacher at Cathedral High School in Indianapolis, filed a lawsuit claiming that the archdiocese illegally interfered in his professional relationship with Cathedral High School, leading the school to terminate his contract in June 2019.
Joshua and Layton Payne-Elliott had contracted a same-sex civil marriage in 2017.
Joshua was dismissed from Cathedral High because contracting a same-sex marriage violates archdiocesan policies and Catholic teaching.
“Archbishop Thompson made it clear that Cathedral’s continued employment of a teacher in a public, same-sex marriage would result in our forfeiting our Catholic identity due to our employment of an individual living in contradiction to Catholic teaching on marriage,” Cathedral High School leaders said in a June 2019 letter.
“Therefore, in order to remain a Catholic Holy Cross School, Cathedral must follow the direct guidance given to us by Archbishop Thompson and separate from the teacher,” said the letter, signed by Matt Cohoat, chairman of Cathedral High School’s board of directors, and Rob Bridges, the school’s president.
Layton is employed as a teacher at Brebeuf Jesuit Preparatory School. The school’s Catholic identity was revoked by the Archbishop of Indianapolis in 2019 after a disagreement about Layton’s employment. The revocation is temporarily suspended while the Congregation for Catholic Education considers an appeal.
In 2017, Archbishop Charles Thompson of Indianapolis had requested that Cathedral High School and Brebeuf Jesuit Preparatory School not renew the Payne-Elliotts’ contracts.
Joshua Payne-Elliott filed a lawsuit against the archdiocese in protest of his dismissal in August 2019, one day after having reached a settlement with Cathedral High School.
Jay Mercer, an attorney for the archdiocese, has said that “The Supreme Court has repeatedly recognized that churches have a constitutional right to determine rules for religious schools, and that religious schools have a constitutional right to hire leaders who support the schools’ religious mission.”
“Families rely on the Archdiocese to uphold the fullness of Catholic social teaching throughout its schools, and the Constitution fully protects the Church’s efforts to do so,” he added.
The Department of Justice has said that the school’s decision was protected by the First Amendment.
“This case presents an important question: whether a religious entity’s interpretation and implementation of its own religious teachings can expose it to third-party intentional-tort liability. The First Amendment answers that question in the negative,” a Justice Department statement of interest said.
It added that “religious employers are entitled to employ only persons whose beliefs and conduct are consistent with the employers’ religious precepts, and, more broadly, that the United States Constitution bars the government from interfering with the autonomy of a religious organization.”
In June 2019, the archdiocese said of teachers that “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.”
Archdiocesan policy states that every Catholic school, archdiocesan and private, must clearly state in its contracts and job descriptions that all teachers are ministers of the Gospel and must convey and be supportive of all teachings of the Catholic Church.
In a June 2019 statement, the archdiocese explained that teachers at Catholic schools are considered ministers, as part of the schools’ mission to forming students in the Catholic faith.
“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,” the archdiocese said.
Archbishop Thompson has stressed that Joshua Payne-Elliott was removed not because he is homosexual, but because he had contracted a same-sex marriage, in opposition to Church teaching on marriage.
All people should be treated with love and respect, and sexual orientation in itself is not sinful, the archbishop said.
However, he added, the Church is clear in teaching that the proper role of sexual activity is within a marriage between one man and one woman.
The problem in cases such as Brebeuf and Cathedral, he said, “is about public witness of Church teaching on the dignity of marriage as one man and one woman. That is our Church teaching.”
“In this particular case we’re dealing with, those are ministers in our Church. Teachers, guidance counselors, other leaders, leaders of the schools and other leaders in the archdiocese are bound to live out these principles.”
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Now that he’s been laicized, he’s no longer the institutional Church’s problem. Let the government pursue the charges with him as it would with any other person. But, given how he’s managed to weasel out of any and all criminal complications, nothing will happen.
Francis is never one to abide by canon law, nor does anyone besides Vigano protest when he violates it. What’s to stop him from tossing one of his laicized pals a boatload of money for legal fees. Mercy for evil doers, none for victims.
I recall that James Grein accused both McCarrick, and Bernardin of Chicago, with assaulting him at the lake in Wisconsin.
It seems likely that this may be the same case.
Voilà!
It’s only taken 46 years, but the Catholic Church has finally stumbled upon the way to handle its pervy predatory priest problem:
Turn them over to the civil authorities who will throw their ***es into prison.
Nitpick of the day, it’s Lake Geneva. I don’t see how things that are so obviously wrong can take so long to drag on and on. Wasn’t there supposed to be a report or something?
A sad end to an old man who thus far refuses to repent! Schemes and deception are unsuitable for a man proclaiming Jesus Christ.
Protestant Brian Young:
How do you know that McCarrick has refused to repent? Have you read his mind? What do you know about his confession status and the status of his soul? Did God reveal to you that McCarrick has refused to repent?
Schemes and deceptions are indeed unsuitable for anyone who proclaims Jesus Christ. These include writing things in Catholic comboxes designed to undermine the Catholic Faith and encourage Catholics to give up some of their cherished doctrinal beliefs.
Now what kind of a Christian would ever do such things while also absurdly proclaiming that he offers his deceptive words in a “spirit of godliness and edification”?
Dear dear, how fragile the catholic faith according to your prognostications. Was under the mistaken impression “that the gates of hell would not prevail against it”! Yet, according to you, I am wrong at every step. Why, you seem offended that we breath the same air!
Are you at the door extending your warm, felicitous greetings to one and all? Would the Lord Jesus pass your discerning muster? Yet don’t feel lonely for I encountered others of your ilk.
To the credit of the Catholic Church, I’ve met outstanding men and women of God, people who give fine testimony to what jesus Christ has done in their lives. Hope runs eternal, you are in my prayers.
Pardon me for not responding directly to your point. A recent article at CWR mentioned that “Uncle Ted” said of his accuser. “That is not true”! That is not repentance for the person who brought these charges against him is one of many who have strong cases! However, you are correct in every matter. No need for confession from your esteemed perspective.
Woe is me, poor sinner that I am, a constant struggle and unfailing repentance. The Lord is faithful and knows the predicament of man whatever his besetting sins are.
What is sad is that there are numerous predators in that church and many people who know who they are but are afraid or unwilling to call them out. God knows both groups and will deliver them a just and eternal punishment.
What what are you referencing when you write: “in that church (sic)”?
Is this Brian Young the Protestant or a different Brian altogether attacking “that church”?
In any case, the predator problem continues to sadly afflict all denominations, and the Catholic Church is not by any stretch the leader of the pack in housing and protecting a higher percentage of predators than any other denomination as many anti-Catholics would have everyone believe. As a matter of fact, the Catholic Church is a leader in implementing beneficial reforms to significantly reduce the incidences of abuse and cover-up, though of course more work needs to be done to eradicate the problem altogether.
It has been mentioned before, but for anyone who desires to get a better handle on the past and current status of the sexual abuse crisis, get a copy of Bill Donohue’s “The Truth About Clergy Sexual Abuse: Clarifying the Facts and Causes” (2021).
Also check out the following articles that demonstrate the ongoing lie that the sexual abuse problem is primarily a Catholic Church problem:
https://www.psychologytoday.com/us/blog/do-the-right-thing/201808/separating-facts-about-clergy-abuse-fiction
https://www.christianitytoday.com/ct/2022/may-web-only/southern-baptist-abuse-apocalypse-russell-moore.html
https://www.christiancentury.org/article/2013-10/evangelicals-worse-catholics-sexual-abuse