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A federal appeals court ruled Wednesday that a Catholic school has the right to only hire staff who agree with its religious principles, rejecting a lawsuit from a substitute teacher who announced plans to enter into a same-sex marriage.
Lonnie Billard previously had retired from Charlotte Catholic High School and returned as a substitute. School officials said they would no longer employ him when his intentions became known, and he sued alleging sex discrimination.
A federal court in Charlotte, North Carolina, allowed Mr. Billard’s case to proceed, but a three-judge panel of the 4th U.S. Circuit Court of Appeals reversed that decision Wednesday.
The judges said the Catholic school’s choices are covered by the “ministerial exception” allowing religious institutions to designate employees as being responsible for the transmission of faith to students.
“Many of our parents work long hours and make significant sacrifices so their children can attend our schools and receive a faithful Catholic education,” said Allana Ramkissoon, assistant superintendent of schools for the Diocese of Charlotte, which oversees the school. “That’s because we inspire our students not only to harness the lessons and tools they need to thrive, but to cherish their faith as a precious gift from God.”
By announcing his wedding plans, Mr. Billard violated the school’s prohibition against “engaging in or advocating for conduct contrary to the moral tenets of the Catholic faith, including the Catholic Church’s rejection of same-sex marriage,” the court wrote.
What’s more, Mr. Billard was expected to align his teaching — both as a full-time drama teacher and then as a substitute teaching English — with Catholic beliefs, the court said.
“Even as a teacher of English and drama, Billard’s duties included conforming his instruction to Christian thought and providing a classroom environment consistent with Catholicism. Billard may have been teaching Romeo and Juliet, but he was doing so after consultation with religious teachers to ensure that he was teaching through a faith-based lens,” the judges said.
The 4th Circuit ruling follows a 2023 decision by the 7th Circuit allowing a Catholic high school in Indianapolis to fire a guidance counselor whose same-sex marriage violated the school’s employment contract.
Roncalli High School also had won a challenge by guidance counselor Lynn Starkey, who sued when her employment contract wasn’t renewed because of her same-sex marriage.
Mr. Billard’s legal team, consisting of the American Civil Liberties Union, the ACLU of North Carolina and the law firm of Tin Fulton Walker & Owen, decried Wednesday’s ruling.
“This is a heartbreaking decision for our client, who wanted nothing more than the freedom to perform his duties as an educator without hiding who he is or who he loves,” they said in a statement.
The attorneys said the ruling “threatens to encroach” on the principle that workers should receive equal treatment under the law.
An ACLU of North Carolina spokesperson did not respond when asked if the ruling would be appealed. Mr. Billard has 14 days to ask for a rehearing by the full 4th Circuit or 90 days to file an appeal with the Supreme Court.
An attorney with the Becket Fund for Religious Liberty, representing the Charlotte diocese and high school, said the ruling protects Catholic schools and other religious groups.
“The Supreme Court has been crystal clear on this issue: Catholic schools have the freedom to choose teachers who fully support Catholic teaching,” said Luke Goodrich, vice president and senior counsel at the public-interest law firm. “This is a victory for people of all faiths who cherish the freedom to pass on their faith to the next generation.”
• Mark A. Kellner can be reached at mkellner@washingtontimes.com.
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