Counselors and teachers at Indianapolis Catholic high schools looked to have a solid case when they sued after being fired for being married to same-sex partners. But the legal ground may be shifting beneath them.
Arguments heard Monday by the U.S. Supreme Court could result in religious schools being given a blank check for widespread employment discrimination.
Supreme Court Building
“It’s important,” said Dan Conkle, a constitutional law expert at the Indiana University Maurer School of Law. “And depending on how the court decides, it could have pretty dramatic implications for parochial school teachers.”
The case heard Tuesday involves two fifth-grade teachers at California Catholic schools who said they were unjustly fired, one because of her age and the other because she needed time off for cancer treatment. The schools countered with the so-called ministerial exception, which says ministers and others who perform important religious functions aren’t covered by anti-discrimination laws.
It’s great that the firing of gay teachers by Indiana Catholic schools is generating national attention – and a great deal of outrage. But the bigger issue is that Hoosier taxpayers are subsidizing this discrimination through the state’s voucher program.
And the incidents in the news, involving three Indianapolis high schools, are just the tip of the iceberg.
Schools under the purview of the Archdiocese of Indianapolis are now being required to terminate teachers who are in a same-sex marriage, and those schools received $38.6 million in voucher funds in the 2018-19 school year, according to Indiana Department of Education data.
But Indiana law lets private schools that receive vouchers discriminate against against students and their families as well as against employees. As Indiana University professor Suzanne Eckes and other scholars have shown, voucher programs in Indiana and other states allow schools to exclude students on the basis of religion, sexual orientation, gender identity and disability.