Suit alleging Catholic school gay marriage bias to proceed

Hackensack, N.J. (AP) — A judge is allowing a lawsuit alleging a Roman Catholic school in New Jersey fired an employee because she's married to a woman to move forward.

The Record newspaper reported (http://bit.ly/2c1UxbH ) a judge issued the ruling late Monday denying a request by Paramus Catholic High School to dismiss the lawsuit.

Attorneys for Kate Drumgoole say the school violated the state's anti-discrimination law when it fired her as dean of guidance and head coach of the basketball team in January after learning she was married to a woman.

One of her attorneys, Eric Kleiner, told the court last week the school can't "pick and choose what they want," referring to the anti-discrimination laws. He said that Drumgoole's job also didn't include religious instruction or ministerial duties.

The school says Drumgoole was fired because she's in a same-sex marriage — not because she's gay.

Christopher Westrick, the attorney for the school, its president James Vail and the Archdiocese of Newark, said it's lawful for churches to require employees to subscribe to their tenets. He said his clients' conduct is also protected by the First Amendment, which guarantees the free exercise of religion.

Westrick told the Hackensack judge that "absolutely prevents this case from going forward."

The judge sided with attorneys for Drumgoole, though saying further discovery is necessary and that the court should review whether Drumgoole worked in a ministerial capacity and whether the dispute relates to the church.

Drumgoole's attorneys said the decision is a step in what will probably be a long battle.

Westrick couldn't immediately be reached for comment.

Information from: The Record (Woodland Park, N.J.), http://www.northjersey.com

Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

The Gayly – August 23, 2016 @ 6 p.m.