The Archdiocese of Indianapolis has been fighting several battles for the protection of Catholic education, and last month’s federal court victory was an especially exciting step forward.
A federal district court in Indiana ruled that the Archdiocese and its Roncalli Catholic High School have the First Amendment right to uphold moral standards — not only for religion teachers, as the U.S. Supreme Court affirmed last summer in its Our Lady of Guadalupe School ruling, but also for other employees who aid in the Christian formation of students.
“Catholic schools focus on the complete person, made in God’s image and likeness, not just on the mind or on a subject matter,” wrote my colleague Dr. Dan Guernsey last year. “Learning and formation happen concurrently. They are entwined.”
His position paper, “All Employees Matter in the Mission of Catholic Education,” made the important argument that every employee of a Catholic school is important to its mission of educating and forming young people in the Catholic faith. Although last year’s Supreme Court ruling focused on a Catholic school religion teacher, the ministerial exception — which prevents federal courts from interfering in employment decisions that substantially involve religious duties — ought to also protect a faithfully Catholic school or college with regard to teachers of all subjects as well as other employees and administrators.
The Roncalli case centers on a school guidance counselor who worked closely with students. Counseling is a duty that relates just as strongly to the Christian formation of students as teaching, and Catholic school counselors must model the moral teachings of the Church as an example to students. Sadly, the Roncalli counselor entered into a same-sex marriage and was dismissed.
Roncalli and the Archdiocese of Indianapolis did not shy away from the Church’s moral beliefs in their employee policies and in their legal defense. By establishing a clear moral expectation for employees, the school has a strong claim to First Amendment protections under the Free Exercise Clause. More important, it ensures that the good of its students is first and foremost protected.
Much More to Come
The struggle is not over for Archbishop Charles Thompson and his Indianapolis schools, but the outlook is brighter.
Although the guidance counselor is appealing the Roncalli decision to the 7th Circuit Court of Appeals, that is the same court that in July dismissed a lawsuit by a Chicago parish music director who also entered into a same-sex union. The court invoked the ministerial exception, rejecting the plaintiff’s argument that the exception covers only complaints about hiring and firing decisions and not claims of a hostile work environment.
“A Catholic school has freedom to hire and fire ministers based on alignment with the Catholic Church’s religious teachings about sex, sexual orientation, and marriage,” the Newman Society noted in an amicus brief in the case.
“But if a Catholic school minister engages in a course of conduct that violates the Catholic Church’s teachings, and the school persistently communicates that the minister has strayed from the school’s moral expectations and should repent,” then the school could have been forced to stand trial had the 7th Circuit agreed to narrow the scope of the ministerial exception.
Another guidance counselor from Roncalli, who was also fired for entering into a same-sex union, is pursuing a separate lawsuit. That case is before the same federal judge who dismissed the similar case last month.
Meanwhile, same-sex partners at two other Indianapolis-area Catholic schools have fought the Archdiocese and its moral standards for school employees. One of them, a teacher who was dismissed from Cathedral Catholic High School in Indianapolis, saw his lawsuit dismissed in Marion County Superior Court in May, but he is appealing the ruling.
His legally married partner still teaches at Brebeuf Jesuit Preparatory School, which refuses to abide by archdiocesan policy. Archbishop Thompson took action in 2019 to declare the school no longer Catholic and forbid Mass in its chapel, but the school appealed to the Vatican, which for two years has failed to provide any resolution.
So there is much more to come, but the rulings this summer reinforce the scope of the ministerial exception and give hope to Catholic educators. Perhaps the most important lesson that can be drawn in the meantime is that Catholic schools and colleges should continue to ensure that employees are committed wholly to the mission of the school and the Church. It’s legally protected and it’s the right thing to do for Catholic families.
Every employee in a Catholic school, from the principal to the gym teacher, is important to the mission of Catholic education. Clear and consistently enforced policies that expect employees to model moral behavior is a key part of leading young people to Christ.
This article first appeared at the National Catholic Register.
Newman Society President Discusses Ministerial Exception on Drew Mariani Relevant Radio Show
/in Blog Commentary, Public Policy and Legal (General) Latest/by Cardinal Newman Society StaffPatrick Reilly, president and founder of The Cardinal Newman Society, joined the Drew Mariani Show on Relevant Radio Tuesday to discuss an appeal to the United States Supreme Court regarding the “ministerial exception” and its protection for religious colleges. A recording is available here.
The guest host Ed Morrissey noted that the Newman Society had co-filed an amicus brief to the Supreme Court requesting that it block the Massachusetts Superior Court’s narrow reading of the ministerial exception, thereby allowing a professor of social work to sue Gordon College for denying her a promotion.
The ministerial exception is a First Amendment principle that bars courts from interfering with personnel decisions concerning employees who have substantial religious duties, including religious instruction and formation. The Supreme Court upheld the exception for a school teacher in Hosanna Tabor Evangelical Lutheran Church and School v. EEOC (2012) and reaffirmed the exception for religion teachers at Catholic schools in Our Lady of Guadalupe School v. Morrissey-Berru last summer.
“In both cases they made it very clear that teaching the faith is about as ministerial as it gets, that the institutions are protected from lawsuits based on discrimination,” Reilly explained.
The Gordon College case has special importance for the ministerial exception, Reilly said, “because it involves a college, which the Supreme Court has not yet considered, and it also involves someone who is not teaching theology, but is teaching social work,” Reilly said. “At Gordon College they make very clear that every professor must be teaching the faith as part of their course work [and] they should be protected as part of the ministerial exception.”
The Gordon College case is yet another attempt to “rein in the ministerial exception,” Reilly said, citing a recent case in which a parish employee sued the Archdiocese of Chicago, claiming that the “ministerial exception only applies to hiring and firing decisions and not other employment decisions” including claims of a hostile work environment. The Newman Society petitioned the Seventh Circuit Court of Appeals to support the First Amendment rights of religious employers, which the court did in July.
Host Morrissey noted the importance of these rulings and the ministerial exception, pointing out that “the point of the church teaching function is to promote church teaching.”
“To have the state step into those decisions, certainly in Hosanna Tabor, the Supreme Court found it to be almost an explicit intrusion into religious faith and religious exercise,” he said.
Newman Society Urges Supreme Court to Apply Ministerial Exception to Religious Colleges
/in Blog, Mission and Governance Commentary, Public Policy and Legal (General) Latest, Statements and Press Releases/by Cardinal Newman Society StaffOn Thursday, The Cardinal Newman Society, which promotes and defends faithful Catholic education, with the International Alliance for Christian Education and the Association for Biblical Higher Education, urged the United States Supreme Court to overturn a Massachusetts high court ruling that would severely restrict the ministerial exception for religious higher education.
The amicus brief was authored and filed on Sept. 2 by Sharon Rose and Samuel Diehl of the Washington, D.C.-based Cross Castle PLLC.
In March, the Supreme Judicial Court of Massachusetts ruled in Gordon College v. DeWeese-Boyd that Gordon College is indeed a Christian college and its professors are required to teach and uphold Christian principles, but the Court nevertheless allowed a dissenting social work professor to proceed with a lawsuit against the college for refusing to promote her. Court interference in religious hiring practices is a violation of the First Amendment’s Free Exercise Clause and the ministerial exception, according to the U.S. Supreme Court’s ruling last year in Our Lady of Guadalupe School v. Morrissey-Beru.
“Catholic and other religious colleges deserve the same First Amendment protections that have been upheld for religious schools,” said Patrick Reilly, President of The Cardinal Newman Society. “The Supreme Court last year clearly upheld the ministerial exception with regard to a schoolteacher hired specifically to teach religion classes. We now call on the Court to make clear that the ministerial exception applies to professors, regardless of their discipline, at institutions where religious faith informs all that is taught and employees are required to be witnesses to religious beliefs.”
As argued in the brief, “Gordon is entitled to define its faith and determine how that faith is carried out in matters of internal government and employment, not individual faculty members. The standard the Massachusetts Court applied fundamentally threatens Gordon’s and other religious institutions’ ability to accomplish their missions and to maintain their pervasively religious character.”
CNS Joins Amicus Brief Upholding Ministerial Exception – Gordon College v DeWeese-Boyd, U.S. Supreme Court
/in Blog Amicus Briefs, Public Policy and Legal (General)/by Cardinal Newman Society StaffThe Cardinal Newman Society joined an amicus brief at the United States Supreme Court urging the court to overturn a Massachusetts high court ruling that would severely restrict the ministerial exception for religious higher education.
Archdiocese of Indianapolis Fights for the Right to Have Faithful Employees
/in Blog, Mission and Governance Commentary, Hiring for Mission Latest, PR Register Column/by Patrick ReillyThe Archdiocese of Indianapolis has been fighting several battles for the protection of Catholic education, and last month’s federal court victory was an especially exciting step forward.
A federal district court in Indiana ruled that the Archdiocese and its Roncalli Catholic High School have the First Amendment right to uphold moral standards — not only for religion teachers, as the U.S. Supreme Court affirmed last summer in its Our Lady of Guadalupe School ruling, but also for other employees who aid in the Christian formation of students.
“Catholic schools focus on the complete person, made in God’s image and likeness, not just on the mind or on a subject matter,” wrote my colleague Dr. Dan Guernsey last year. “Learning and formation happen concurrently. They are entwined.”
His position paper, “All Employees Matter in the Mission of Catholic Education,” made the important argument that every employee of a Catholic school is important to its mission of educating and forming young people in the Catholic faith. Although last year’s Supreme Court ruling focused on a Catholic school religion teacher, the ministerial exception — which prevents federal courts from interfering in employment decisions that substantially involve religious duties — ought to also protect a faithfully Catholic school or college with regard to teachers of all subjects as well as other employees and administrators.
The Roncalli case centers on a school guidance counselor who worked closely with students. Counseling is a duty that relates just as strongly to the Christian formation of students as teaching, and Catholic school counselors must model the moral teachings of the Church as an example to students. Sadly, the Roncalli counselor entered into a same-sex marriage and was dismissed.
Roncalli and the Archdiocese of Indianapolis did not shy away from the Church’s moral beliefs in their employee policies and in their legal defense. By establishing a clear moral expectation for employees, the school has a strong claim to First Amendment protections under the Free Exercise Clause. More important, it ensures that the good of its students is first and foremost protected.
Much More to Come
The struggle is not over for Archbishop Charles Thompson and his Indianapolis schools, but the outlook is brighter.
Although the guidance counselor is appealing the Roncalli decision to the 7th Circuit Court of Appeals, that is the same court that in July dismissed a lawsuit by a Chicago parish music director who also entered into a same-sex union. The court invoked the ministerial exception, rejecting the plaintiff’s argument that the exception covers only complaints about hiring and firing decisions and not claims of a hostile work environment.
“A Catholic school has freedom to hire and fire ministers based on alignment with the Catholic Church’s religious teachings about sex, sexual orientation, and marriage,” the Newman Society noted in an amicus brief in the case.
“But if a Catholic school minister engages in a course of conduct that violates the Catholic Church’s teachings, and the school persistently communicates that the minister has strayed from the school’s moral expectations and should repent,” then the school could have been forced to stand trial had the 7th Circuit agreed to narrow the scope of the ministerial exception.
Another guidance counselor from Roncalli, who was also fired for entering into a same-sex union, is pursuing a separate lawsuit. That case is before the same federal judge who dismissed the similar case last month.
Meanwhile, same-sex partners at two other Indianapolis-area Catholic schools have fought the Archdiocese and its moral standards for school employees. One of them, a teacher who was dismissed from Cathedral Catholic High School in Indianapolis, saw his lawsuit dismissed in Marion County Superior Court in May, but he is appealing the ruling.
His legally married partner still teaches at Brebeuf Jesuit Preparatory School, which refuses to abide by archdiocesan policy. Archbishop Thompson took action in 2019 to declare the school no longer Catholic and forbid Mass in its chapel, but the school appealed to the Vatican, which for two years has failed to provide any resolution.
So there is much more to come, but the rulings this summer reinforce the scope of the ministerial exception and give hope to Catholic educators. Perhaps the most important lesson that can be drawn in the meantime is that Catholic schools and colleges should continue to ensure that employees are committed wholly to the mission of the school and the Church. It’s legally protected and it’s the right thing to do for Catholic families.
Every employee in a Catholic school, from the principal to the gym teacher, is important to the mission of Catholic education. Clear and consistently enforced policies that expect employees to model moral behavior is a key part of leading young people to Christ.
This article first appeared at the National Catholic Register.
Thomas Aquinas College Plans New Leadership, Same Faithful Mission
/in Blog Latest, Newman Guide Articles, PR Register Column/by Patrick ReillyOnce oppressed in Ireland because of his Catholic faith, Dr. Paul O’Reilly is preparing to take the helm at one of America’s most exciting and celebrated Catholic institutions, Thomas Aquinas College.
Current President Dr. Michael McLean will step down at the end of this school year, following the celebration of the college’s 50th anniversary. In 11 years, McLean has successfully strengthened the college despite challenges including wildfires and threats to religious freedom. He led the establishment of a second campus in Massachusetts, providing the same faithfully Catholic, Great Books program that has earned the California institution high marks in secular rankings and the recommendation of The Cardinal Newman Society.
O’Reilly clearly has some big shoes to fill. I recently congratulated him on his selection as the college’s next president, which he says is “a high honor that is quite humbling.”
For O’Reilly, the goals and academic structure at Thomas Aquinas College are pretty much the same today as they were when he attended the college as a student 40 years ago. “I still recognize this college, I still love this college,” O’Reilly says.
But Dr. McLean and his team have made some major advancements, including expanding the Santa Paula, California, campus and quickly establishing a strong foundation in Northfield, Massachusetts.
“It’s a great time to take over,” O’Reilly says. “The college is strong, it’s growing and has expanded to the East Coast. Don’t ask us why we have campuses in California and Massachusetts. That’s God’s plan. We needed to expand, because we had more students applying than we could accept.”
The mission and the vision remain the same, and that’s what O’Reilly wants to maintain: a classical liberal arts education unlike any other in the world, that forms students to appreciate and understand the true, the good and the beautiful.
“We can provide a serious Catholic formation, not just in philosophy and theology but also in various other areas,” O’Reilly says. “To see the impact that we’re having is exciting to me.”
The choice of O’Reilly, an alumnus who has served the college for 30 years as a faculty member and then vice president for advancement, is a great reminder that a college’s impact is only as good as its people and their devotion to its mission. O’Reilly recognizes that fact. He believes that one of the most important aspects of maintaining the vision and the mission of the college is the hiring of good faculty.
“Schools go astray when the faculty are not of one mind of the mission of the college,” he says. “The faculty know what we’re about, and they support it.”
One of O’Reilly’s strongest supporters will be Dr. McLean, who returns to the faculty after formally handing over the presidency.
O’Reilly’s own journey to California started in Northern Ireland, where his family was persecuted for their Catholic faith by Protestant extremists. He and his siblings were adopted by their aunt and uncle in Canada, following the tragic death of his mother in a car accident.
God led him to Thomas Aquinas College, exemplifying the important role that faithful Catholic education can have in a person’s life. I am excited to see how he steers the college into this new chapter of its history. I have great admiration for his predecessor, having observed and worked alongside Dr. McLean on Catholic education issues for the past several years, and I have every reason to expect that Dr. O’Reilly will continue in the same direction.
May God bless both these men for their admirable dedication to forming young people in wisdom and virtue, and may he grant Thomas Aquinas College many more years of providing extraordinary education.
This article first appeared at the National Catholic Register.
Teaching Racial Harmony from Theology of the Body
/in Blog Christian Anthropology Standards, Commentary, Commentary, Critical Race Theory Latest/by Patrick ReillyHow should Catholic educators respond to the racial turmoil in recent years? Instead of adopting new materials and programs rooted in critical race theory, the Church already has a treasury of wisdom to draw upon.
I recently spoke about this with my colleague, Dr. Denise Donohue, who seems to be on to something important. She told me Catholic educators should discuss race from the foundation of Christian anthropology and St. John Paul II’s Theology of the Body, with its insights about human dignity and creation — and I think she’s exactly right.
Donohue is vice president for educator resources at the Cardinal Newman Society and has been a leader and teacher at Catholic schools and a university professor. Last year she worked with Dr. Joan Kingsland, a theologian and curriculum and training specialist at Ruah Woods Press, to co-author the “Standards of Christian Anthropology,” which has been enthusiastically welcomed by Catholic education leaders to integrate St. John Paul II’s theology across grade levels. They supplement the Cardinal Newman Society’s Catholic Curriculum Standards for literature, history, math and science, co-authored by Donohue and Dr. Dan Guernsey.
Somewhere within this work are important clues to teaching about race and justice in ways that are appropriate to faithful Catholic education. Hoping to explore the approach further, I put the following questions to Donohue and Kingsland.
Continue reading at Homiletic & Pastoral Review…
Newman Society’s Dan Guernsey Discusses Cancel Culture, Critical Race Theory on ‘Catholic Current’
/in Blog Commentary, Critical Race Theory Latest/by Cardinal Newman Society StaffPreserving the Catholic worldview in Catholic education means rejecting today’s “cancel culture” and refusing to be compromised by critical race theory, explained Dr. Dan Guernsey, Education Policy Editor and Senior Fellow of The Cardinal Newman Society, on “The Catholic Current” show with Father Robert McTeigue, S.J.
The show aired on July 19 on The Station of the Cross radio. The podcast recording of the 50-minute conversation is available on the Station of the Cross website and on Spotify and Apple podcasts.
The discussion covered a wide range of topics related to cancel culture and critical race theory, including defining the two issues, how they fit into social practices today, how they have affected Catholic education and the appropriate response from Catholic educators and parents.
Critical race theory, Guernsey said, “is not about racism.”
“We all agree and have been trying for many years to stop the sin of racism wherever it is found. We’ve all been fighting this for decade. This is not about racism; this is about replacing one worldview with another.”
As Father McTeigue noted, cancel culture and critical race theory “really aren’t compatible with the Catholic worldview.”
“Cancel culture comes in, [because] they have to cancel the existing worldview,” Guernsey said. “The existing Christian worldview that we’re trying to present in Catholic schools, that’s precisely what they’re trying to cancel.”
Guernsey and Dr. Denise Donohue, Vice President for Educator Resources at The Cardinal Newman Society, recently authored a series of resources for educators and parents regarding the dangers of cancel culture and critical race theory when applied to a Catholic education.
Suggested Standards of Christian Anthropology to Address Diversity, Equity, and Inclusivity in Catholic Education
/in Academics Christian Anthropology Standards, Critical Race Theory, Research and Analysis, Research and Analysis/by Cardinal Newman Society StaffTeachers working in Catholic education can use these Standards for Christian Anthropology along with The Cardinal Newman Society’s Catholic Curriculum Standards to address issues of diversity, equity, and inclusivity from a Catholic worldview. These standards help students see themselves and each other through God’s eyes and will allow them to come to know the importance of communion with each other and with God; that man was made for communion, and not division, and will find true happiness when he makes a complete gift of himself to others and to God.
Standards
Suggested Catholic Curriculum Standards to Address Diversity, Equity, and Inclusivity in Catholic Education
/in Academics Critical Race Theory, K12 Curriculum Standards, Research and Analysis, Research and Analysis/by Cardinal Newman Society StaffTeachers working in Catholic education can use these standards taken from The Cardinal Newman Society’s Catholic Curriculum Standards to address issues of diversity, equity, and inclusivity from a Catholic worldview. These Standards help educators go deeper into a discussion of how God works throughout all time and space and how He is present today in creation and in the very being of those we interact with daily who have been given varied gifts and talents to share. God, by His own design, does not give to all the same qualities and characteristics but gives each person their own unique set of gifts and talents so that we might learn generosity and interdependency (CCC 1936-1937).
Teachers might also consider incorporating the Standards for Christian Anthropology to provide students with a deeper understanding of what is means to be a person and a beautiful gift from God to the world and to one another.
Catholic Curriculum General Standards:
Catholic Curriculum Dispositional Standards:
Catholic Curriculum Content Standards Grades 1-6
Catholic Curriculum Standards Grades 7-12
Statement on ruling in Starkey v. Roncalli High School and Archdiocese of Indianapolis
/in Blog Commentary, Public Policy and Legal (General) Latest, Statements and Press Releases/by Cardinal Newman Society StaffThe Cardinal Newman Society hailed Wednesday’s federal court ruling in Starkey v. Roncalli High School and Archdiocese of Indianapolis as a “landmark ruling with enormous implications for Catholic education and its First Amendment right to expect fidelity and moral behavior from all employees, not just teachers, whose duties impact the Christian formation of students.”
The ruling in the U.S. District Court for the Southern District of Indiana upholds the ministerial exception according to last summer’s Supreme Court ruling in Our Lady of Guadalupe School v. Morrissey-Berru. But the Supreme Court case concerned a lawsuit filed by a religion teacher in a Catholic school. The Indiana case is an important development, because it affirms that the federal court cannot interfere in the employment decisions of a Catholic school regarding its guidance counselor.
The case involves Lynn Starkey, who attempted to sue Roncalli High School and the Archdiocese of Indianapolis. She was fired from her job as Co-Director of Guidance when she entered into a same-sex union, a clear violation of Catholic moral teaching and of moral standards for Catholic school employees.
“Wednesday’s ruling is a landmark ruling with enormous implications for Catholic education and its First Amendment right to expect fidelity and moral behavior from all employees, not just teachers, whose duties impact the Christian formation of students,” said Patrick Reilly, President of The Cardinal Newman Society.
“Catholic schools must have the freedom to hire educators and other employees who model the teachings of the Church. Catholic schools around the country should take an example from Roncalli High School and the policies of the Archdiocese of Indianapolis, which have clear moral standards for Catholic school employees. As this case shows, courts will uphold religious freedom when they see consistent application of Catholic moral standards.”