An Indiana Catholic school fired a gay teacher for same-sex marriage. Now, a settlement

INDIANAPOLIS – A Catholic high school in Indiana has reached a confidential settlement with a gay teacher who was recently fired because he is in a same-sex marriage, according to an attorney representing the teacher.

Attorney Kathleen Delaney issued a joint statement on behalf of the teacher, who has remained anonymous, and the school Tuesday afternoon. According to the statement, the teacher thanked the school for his time teaching there and said he doesn't wish the school "any harm."

"The teacher also thanks his friends, former colleagues, and students for their support during this difficult time," the statement reads.

The school, Cathedral High School in Indianapolis, is one of several that have been grappling with teachers in same-sex marriages after the Archdiocese of Indianapolis told all schools under its purview to enforce employment contracts that require teachers, counselors and administrators to live according to church teachings.

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The school announced two weeks ago that it was terminating a gay teacher in order to avoid a split with the archdiocese, which stripped a nearby school of its Catholic identity the week before when it refused to fire one of its educators, also in a same-sex marriage.

The issue first erupted in Indianapolis last year when a gay guidance counselor was placed on administrative leave because of her marriage to another woman. Shelly Fitzgerald and another gay guidance counselor, Lynn Starkey, were eventually let go. Starkey is also in a same-sex marriage.

Both women have filed discrimination complaints against their former school and the archdiocese with the Equal Employment Opportunity Commission.

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As criticism of the church's handling of gay, married teachers has mounted, Archbishop Charles C. Thompson said the church was not on a "witch hunt" for gay employees among its ranks. When clear violations of church teaching – and the morality clause school employees are required to sign – are brought to his attention, though, Thompson said he must act.

"It is my responsibility as archbishop to oversee Catholic identity throughout the archdiocese," Thompson said in a news conference several weeks ago.

Thompson also said that being gay is not the issue. While someone's sexual orientation is not a sin, he said, the church does teach that marriage is between one man and one woman.

Officials with Cathedral High School and the archdiocese said they were in discussions over the teacher for nearly two years before the school let him go. A spokesperson for the school said they were sad about the situation but felt they had no choice in order to retain their Catholic identity. In the statement released Tuesday, the school thanked their former teacher for his "years of service, contributions, and achievements."

"For its part, Cathedral intends to remain Catholic, while respectfully facilitating discernment among the Archdiocese, the Catholic community and the Cathedral Family on this issue," the statement reads.

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While Cathedral relies on the archdiocese for priests to staff the school and conduct religious services, it is an independent school and receives no financial support from the archdiocese.

The settlement with Cathedral resolves all legal matters between the teacher and the school, DeLaney said. The archdiocese, though, was not involved in the settlement and the teacher will be pursuing legal action against it.

"We intend to hold the Archdiocese accountable for violations of federal and state law," DeLaney said.

The archdiocese confirmed it was not part of the settlement. In a statement sent to IndyStar in response to the allegations it violated federal and state law, the archdiocese reaffirmed its position.

“Religious liberty, which is a hallmark of the U.S. Constitution and has been tested in the U.S. Supreme Court, acknowledges that religious organizations may define what conduct is not acceptable and contrary to the teachings of its religion," the statement reads, "for its school leaders, guidance counselors, teachers and other ministers of the faith.”

Follow Arika Herron on Twitter: @ArikaHerron.

This article originally appeared on Indianapolis Star: An Indiana Catholic school fired a gay teacher for same-sex marriage. Now, a settlement