Fired for marrying a divorced man

[sactoking]

Story

A San Antonio teacher plans to sue her former employer, a Catholic high school, saying she was fired for marrying a man who had been divorced, a proceeding not recognized by the Catholic Church, the San Antonio Express-News reported Tuesday.

Marquis LaFortune, 25, filed a complaint with the U.S. Equal Employment Opportunity Commission after her Nov. 22 ceremony. She claims that once the school found out her fiancé had been divorced, Deacon Patrick Cunningham told her she had three options: seek an annulment, resign or be fired.

?I would have resigned if I'd felt like I'd done something wrong,? LaFortune told the Express-News last week. ?I couldn't get out of bed. It's just been this cloud. It was supposed to be the best week of my life, and I had to pull myself together for the ceremony.?

Central Catholic High School said federal law upholds the institution's decision.

?We have very clear policies on what we expect from Catholic people on our faculty, and there has been a violation of that,? Brother Peter Pontolillo told the Express-News. ?When a person does something that is obviously contrary to everything that our Catholic school stands for, we cannot just look through our fingers.?

Raised in the Catholic faith, LaFortune had transferred to her fiancé's nondenominational church before the conflict unfolded, the Express-News reported.

Since Central Catholic High School regularly hires non-Catholic teachers, LaFortune argued that since she no longer attended a Catholic church, she should not be held accountable to the church's laws.

The school was not persuaded.

?Do you know what the definition of scandal is?? Pontolillo told the Express-News. ?If I present myself as Catholic to an institution that's Catholic, and I practice that Catholicism in the institution by attending school Masses and receiving communion and then suddenly make a decision that is published that [I am] now going to go against that Catholicism.?

LaFortune found out on her honeymoon that her husband's previous marriage had, in fact, been annulled. She plans to fight the school's decision and file a lawsuit.

Yes, I know, it's 'faux news' as a source; get over it.

It raises an interesting question: if BEING married is a protected class under Federal law, is WHO you're married to also a protected class? The school says that Federal law is clearly on their side, but I find that hard to believe. A man couldn't be fired for being married, but he could be fired for being married to another man, or Mary Kay LeTourneau? Seems pretty specious to me.

 

[dphantom]

Generally, if you are employed by a religous institution, you abide by their rules regarding conduct. There have been other cases where the plaintiff has lost on similar grounds, one here locally. So while I don't know all the facts of this particular instance such as any documents new hires must sign acknowledging institutional practices, I think she will have an uphill battle.

 

[sactoking]

Originally posted by: dphantom
Generally, if you are employed by a religous institution, you abide by their rules regarding conduct. There have been other cases where the plaintiff has lost on similar grounds, one here locally. So while I don't know all the facts of this particular instance such as any documents new hires must sign acknowledging institutional practices, I think she will have an uphill battle.

Hmmm... ok, I can see that.

What I would ask next, then, is if you can voluntarily waive a right, for consideration, if that waiver allows the other contracted party to violate the law.

I know that in contract/labor law, you can waive a right; say as a condition of employment you will no longer eat at Cheezy Charlie's. But I thought you can't waive a right that allows a crime to be committed; I waive my right to sue if my employer murders my wife, for example.

 

[bozack]

Was the guy catholic and had it annulled? if so the CC might not consider that a vialble annulment...also she might even be in hot water with the church for marying someone not catholic in a non catholic ceremony.

 

[shiner]

Text

 

[Throckmorton]

The school seems to be in the right here. She attends the school masses etc.

I hope a case like this opens more peoples' eyes to the fact that one religion's idea of "the sanctity of marriage" is not the same as another's.

 

[brandonb]

Its the way the catholic church is. And all their schools are not public, they are private, and those who pay for their children to attend those schools want the teachers to play by their rules, as a catholic.

There is nothing wrong with marrying a divorced man as long as it was annulled. The reason: If the man divorced because his wife left him because he was commiting adultry (a sin), the catholic church would not remarry him.

But it sounds like he did get it annuled, so all she has to do is say that and I'm sure everything would be fine, but sounds like she wants to make it a lawsuit instead.

Her choice, but she will lose the lawsuit. Suing the catholic church must be the new get rich quick scheme.

 

[StageLeft]

I think if his wife died it specifically says in the bible he can remarry and is clear on that.

 

[Perknose]

Originally posted by: dphantom
Generally, if you are employed by a religous institution, you abide by their rules regarding conduct. There have been other cases where the plaintiff has lost on similar grounds, one here locally. So while I don't know all the facts of this particular instance such as any documents new hires must sign acknowledging institutional practices, I think she will have an uphill battle.

Agreed.

This is why proposed federal funding for faith based charities crosses the church/state line: Our tax dollars to charities that discriminate based on life style. They are allowed within their little kingdoms, just not with "all the people's" dough.

 

[sactoking]

Originally posted by: brandonb
Her choice, but she will lose the lawsuit.

She might. I guess my confusion lies in this: the opinion of people I have spoken to has been similar to

Its the way the catholic church is.

.

So what? Do we look at the KKK and say "That's just the way them racists are."? No, because much of that the KKK does is against people protected by the Constitution.

There seems to me a good chance that what the school fired her for (being married) is protected under the 'Equal Protection' clause. The fact that it's the church (or a church-affiliated school) is not germane to the discussion.

Now, if it hinges on the fact that I pointed out in the OP that BEING married may be protected but WHO you're married to or HOW you got married may not be that seems to be a serious flaw in the protection afforded by the Constitution.

 

[OrByte]

Catholic school, catholic rules.

These types of things have happened before.

Lady ought to move on and don't look back.

 

[dmcowen674]

Originally posted by: OrByte
Catholic school, catholic rules.

These types of things have happened before.

Lady ought to move on and don't look back.

American taxpayers should be able to get our "Faith based initiative dollars" back then too.

 

[PokerGuy]

She should stop whining, hopefully her case will get thrown out quickly.

If she doesn't want to abide by those rules she doesn't like, she should seek employment where they don't have those rules.

 

[sactoking]

I find it ironic that this thread has 500+ posts, mostly vilifying California for taking a certain stance on the "who you marry topic"....

and that in this thread the woman who's position was supported above is now vilified.

At least I know where ATPN stands on the hypocrisy meter. :disgust:

 

[AreaCode7O7]

Originally posted by: dphantom
Generally, if you are employed by a religous institution, you abide by their rules regarding conduct. There have been other cases where the plaintiff has lost on similar grounds, one here locally. So while I don't know all the facts of this particular instance such as any documents new hires must sign acknowledging institutional practices, I think she will have an uphill battle.

I think she's got a good case on the basis that they're hiring other non-Catholic teachers and not regulating their marital status in regards to previous divorces. The school can have a religious standard but it needs to be equally applied to be protected. If they're not equal applying it, she could quite likely win her lawsuit.

Since Central Catholic High School regularly hires non-Catholic teachers, LaFortune argued that since she no longer attended a Catholic church, she should not be held accountable to the church's laws.

 

[DealMonkey]

Of all of the idiotic reasons to fire someone. Oh brother . . . :roll:

 

[jackschmittusa]

The guy is an uninterested 3rd party. I don't see where the school even has a right to any information about his former marital status.

She withdrew from attending Catholic services. Can she never shed being a Catholic?

How can they employ both Catholic and non-Catholic teachers and have 2 different standards? Any legal grounds for this?

 

[Lemon law]

Originally posted by: Perknose

Originally posted by: dphantom
Generally, if you are employed by a religous institution, you abide by their rules regarding conduct. There have been other cases where the plaintiff has lost on similar grounds, one here locally. So while I don't know all the facts of this particular instance such as any documents new hires must sign acknowledging institutional practices, I think she will have an uphill battle.

Agreed.

This is why proposed federal funding for faith based charities crosses the church/state line: Our tax dollars to charities that discriminate based on life style. They are allowed within their little kingdoms, just not with "all the people's" dough.

-------------------------------------------------------------------------------------
I have to agree 100% with the Perknose take on the matter, in terms of a coequal
parochial education, a catholic school may have to meet Academic Federal standards, but beyond that, they have a right to set their own religious standards of teacher conduct. But the very millisecond second in time where they accept public financing, they fall under other standards of public conduct and fairness.

 

[Elfear]

Originally posted by: PokerGuy
She should stop whining, hopefully her case will get thrown out quickly.

If she doesn't want to abide by those rules she doesn't like, she should seek employment where they don't have those rules.

This.

 

[jagec]

Originally posted by: sactoking
So what? Do we look at the KKK and say "That's just the way them racists are."? No, because much of that the KKK does is against people protected by the Constitution.

You will notice, of course, that not many black people make a habit of applying for work at the KKK and then suing when they are denied. Even though they'd have MUCH more of a case, since we can't choose our race but we can choose whom we marry.

Originally posted by: sactoking
I find it ironic that this thread has 500+ posts, mostly vilifying California for taking a certain stance on the "who you marry topic"....

and that in this thread the woman who's position was supported above is now vilified.

At least I know where ATPN stands on the hypocrisy meter. :disgust:

If you can't tell the difference between a private, religious organization whose members have voluntarily chosen to work there and presumably signed some sort of "lifestyle covenant" to do so, and a non-religious governmental body...you've got serious issues.

Not that logic and clear thinking is easy to come by on the internet.

 

[her209]

Can a private company (non-religious) implement this rule as well?

 

[Jhhnn]

I suspect it depends on the terms of her employment contract, and also on the way that the Catholic Church has handled such incidents in the past. I seriously doubt that all people who've done the same thing were fired, which would put the church in a very bad spot from a legal perspective.

The power and relevance of that ancient institution has been slipping badly in recent decades, so it's no surprise that they'd resort to greater repression to keep members in line. At least they can't burn people at the stake any more...

 

[Moonbeam]

They have thousands of years of ethical philosophy to guide them. The catholic church is the ultimate arbitrator of right and wrong.

 

[robphelan]

being Catholic, from San Antonio, and knowing people who recently graduated as well as alums from 30 years ago, this is just the latest sign of hypocrisy.

Central Catholic needs to concentrate more on the morals of their students than the personal lives of their teachers - i know many kids who have been involved in high speed crashes, drank at parties, sex before marriage, and on and on.

Of course, not all the kids are like that - i know plenty of outstanding students from CC.

Looks like their focus is misplaced & hopefully this teacher's private life is left alone.

 

[Thump553]

Interesting twist-that the diocese treats Catholic workers differently than non-Catholic ones.

Unless things have changed a lot in the last decade or so, she can probably easily land a public school job at 40-50% more pay.