Judge rules against Catholic prep school in gay hire case

A Massachusetts judge has ruled that a Catholic all-girls school violated state anti-discrimination law by rescinding a job offer to a gay man in a same-sex marriage, the Associated Press reports.

According to LGBT legal group GLAD, Fontbonne Academy “discriminated against Matthew Barrett on the basis of sexual orientation and sex when it rescinded its offer of the job of food services manager to him because he is married to another man. The court ruled that Fontbonne had clearly and directly violated the Massachusetts nondiscrimination law; was not exempt from the law; and had no constitutional defenses against its discriminatory conduct.”

GLAD’s background on the case explains the school’s action: “Barrett, a longtime food industry professional, was offered the Food Services Director position on July 9, 2013. After accepting the position, he filled out the school’s employment paperwork, including a form that required him to list an emergency contact and state that person’s relationship to him. Barrett gave a truthful answer and listed his husband, Ed Suplee.

“The next day, Barrett was contacted by the school and asked to come in for another meeting. At that meeting he learned that the school would no longer employ him because he was gay and married to a man.”

GLAD filed the lawsuit, Barrett v. Fontbonne Academy, seeking “to enforce the nondiscrimination laws that are vitally important to our civil society and to push back against attempts by religiously-affiliated institutions to expand their ability to free themselves from the obligations of the nondiscrimination laws.

“’Religiously-affiliated organizations do not get a free pass to discriminate against gay and lesbian people,’ said Bennett Klein, GLAD Senior Attorney. ‘When Fontbonne fired Matt from a job that has nothing to do with religion, and simply because he is married, they came down on the wrong side of the law.’”

Fontbonne Academy’s website shows its non-discrimination policy on employment decisions, which includes sexual orientation and marital status: “The Congregation of the Sisters of St. Joseph and the Sponsored Ministries, including Fontbonne Academy, are equal employment opportunity employers. Consistent with those religious exemptions provided in statutory and constitutional law, employment decisions are based on merit, job requirements and qualifications, and organization needs, and not on race, color, citizenship status, national origin, ancestry, gender, sexual orientation, age, religion, creed, physical or mental disability, marital status, veteran status, political affiliation, or any other factor protected by law.”

Boston’s WCVB reported, “John Bagley, attorney for Fontbonne, argued there is an exemption from employment laws for certain religious institutions.

“Barrett's attorney Ben Klein said however those exemptions only apply to religious institutions that restrict their employment and the population they serve to members of that same religion.”

“Bagley told Superior Court Judge Douglas Wilkins that the school's message was being interfered with by the hiring of someone who is in a same sex marriage which the Catholic Church doesn't acknowledge or condone.”

GLAD’s report on the decision says, “In rejecting Fontbonne’s constitutional claims asserting rights of free exercise of religion and expressive association, Associate Justice Douglas H. Wilkins wrote, ‘The state has a compelling interest in prohibiting discrimination against historically disadvantaged people,’ citing cases from the U.S. Supreme Court addressing race and sex discrimination. He continued, ‘That interest is rarely stronger than in the employment context...’”

The judge said the exemption applies only if a religious organization limits admission to members of its own faith. Fontbonne is open to students and employees of all faiths, according to the AP report.

GLAD’s report on the decision gave Garrett’s reaction, “’I’m ecstatic,’ said Barrett. ‘What happened to me was wrong, and I truly hope it doesn’t happen to anyone else.’”

The next step will be to determine damages.

The Gayly – December 17, 2015 @ 11 a.m.