Catholic school’s legal battle continues over dismissal of former counselor, coach in gay ‘marriage’
The
discrimination lawsuit filed by a former New Jersey Catholic high school
employee fired for entering into a homosexual “marriage” will move forward after a state
appeals court declined review of a superior court decision allowing the suit to
progress.
Kate Drumgoole sued Paramus Catholic High School and the
Archdiocese of Newark in April, claiming her dismissal last January violated
the state’s anti-discrimination law and intentionally inflicted emotional
distress.
Drumgoole was fired as dean of guidance and head girls
basketball coach after administrators learned she was “married” to another
woman, which the school conceded in court last August, arguing it did not violate
discrimination law because of the expectation for employees to abide by
Catholic Church teaching.
"She was terminated for violating the Ministerial Policies
and the Code of Ethics — in failing to abide by the tenets of the Roman
Catholic faith, i.e. by entering into a same-sex ‘marriage,’" the school’s
motion had said.
Additionally, Drumgoole had signed an agreement more than once
since she was hired to follow the Roman Catholic Church’s tenets, which was
part of her collective bargaining contract.
The superior court judge had ruled that further discovery was
warranted, saying in particular the court must look at whether Drumgoole had
worked in a ministerial capacity and therefore whether the dispute is secular
or ecclesiastical. The judge also denied a second attempt by the school and the
archdiocese to have the lawsuit dismissed in October.
An attorney for the archdiocese and the school then filed a
motion with the Superior Court of New Jersey Appellate Division on November 9,
NorthJersey.com reported, and the order was denied December 9.
“We note that the trial court’s denial of defendants’ motion for
dismissal based upon claimed religious exemption grounds is without prejudice,
in order to accommodate the discovery relating to plaintiff’s status and
functions germane to the exemption issues,” Judge Jack Sabatino
wrote in a decision reached with Judge Heidi Currier.
The archdiocese confirmed in August that it does not comment on matters in litigation,
though Newark Archbishop John Myers defended Paramus
Catholic High School shortly thereafter.
“Every religious organization has the right to promote and
define its own identity, mission and message,” he said in a statement.
“Every religious organization has the right to ensure that
people in that religious organization support and promote its beliefs and
teaching,” Archbishop Myers continued. “When someone involved in Catholic
education ministry offers a public counter-witness to Catholic teaching, he or
she does not teach the Truth or further the mission of the Church. Such actions
can create confusion and uncertainty in the moral formation of the young people
he or she encounters.”
Drumgoole’s attorneys have argued her duties were not
ministerial and that because Paramus Catholic uses some of the New Jersey
Law Against Discrimination in its faculty handbook the school is liable to
all of the laws against discrimination.
Discovery phase in the case is expected to last roughly a year.
The school’s president and principal were placed on leave in
September, according to
NJ.com, but the archdiocese declined to say why. Stephanie Macaluso returned as
principal after a week, but president James Wail, also named in Drumgoole’s
suit, is still on leave.
Thousands among the school’s alumni and parents signed an open
letter in August pushing the school to formally apologize, rehire Drumgoole and
adopt anti-discrimination policies based upon “gender identity” and “marriage
status.”
In a statement defending the school’s removal of Drumgoole,
Archbishop Myers wrote, “It seems that many have equated, mistakenly, the
Church’s position of welcoming sinners (for we are all sinners) with the notion
that we accept teaching and lifestyles contrary to the principles of our faith
that can create scandal in our Church.”
“Even Jesus recognized that some people could not or would not
accept His teaching,” the archbishop said. “He was saddened when they walked
away from Him, but He never altered His teaching. Nor shall we do so today.”