Originally posted by: Zenmervolt
Originally posted by: AreaCode707
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.
However, she takes communion at the school's celebrations of mass. That means she is asserting herself to be Catholic since the Roman Catholic church has a closed table (for others who do not know, this means that only people who are confirmed and practicing Roman Catholics may take communion in a Roman Catholic church).
So she seems to me to be in a losing position either either way. There are two results that I can see:
1) The court finds that it considers her to still be Roman Catholic based on her participation in the sacrament of Communion in the school's masses. In this case, the school has grounds to fire her as she is clearly not in the same group as the non-Catholic teachers (who would not receive Communion during school masses).
2) The court finds that it considers her to have repudiated her Roman Catholic faith by not attending on Sundays. In this case, the school has grounds to fire her because she is improperly participating in communion (communion is forbidden to persons in apostasy).
Honestly, it seems as though she would be in a
weaker position if the court, in fact, declared her to have repudiated her faith.
ZV