Judge Rules Against Private Catholic School in Gay Discrimination Case

A state judge has ruled that Fontbonne Academy did discriminate against a man when they learned he was married to another man.

Norfolk Superior Court Judge Douglas H. Wilkins, ruled that Fontbonne discriminated against Barrett and violated the state’s anti-discrimination law.

In 2013, Barrett accepted a position as food services director, but the offer was withdrawn two days later after Barrett listed his husband as an emergency contact on an employment sheet.

Barrett said in a 2014 interview with the Boston Globe that he was told that since the Catholic religion doesn’t recognize same-sex marriage, the all-girls private Catholic school could not hire him.

Unlike other cases where employees were fired from Catholic schools and universities for marrying their same-sex partner or announcing plans to do so, Wilkins’ case differed because he was already married when he was offered the position. In many other cases, the plaintiffs signed contracts agreeing to live their lives according to the schools’ respective religious practices. Barrett said he was never asked to sign a contract.

In court, lawyers for Fontbonne argued that they were exempt from discrimination laws under a religious exemption, but the court ruled that the school did not qualify for it since the school is open to children of all religions and only members of its administration and theology faculty must be Roman Catholics.

The Gay & Lesbian Advocates & Defenders, who defended Barrett, praised the decision, calling it the first of its kind.

“Religiously-affiliated organizations do not get a free pass to discriminate against gay and lesbian people,” GLAD Senior Attorney Bennett Klein said in a statement. “When Fontbonne fired (Barrett) from a job that has nothing to do with religion, and simply because he is married, they came down on the wrong side of the law.”

In a statement, the Catholic Action League of Massachusetts called the decision, “a frontal assault on religious freedom,” and “an appalling subordination of the First Amendment to the Massachusetts gay rights law.”

Fontbonne said in a statement Thursday that they are considering their options.

A discussion on whether a trial on damages to be scheduled will tale place as soon as the court’s trial schedule permits.

Click here to read the full ruling.

Photo Credit: WHDH, 7-News