CHARLOTTE — The Diocese of Charlotte filed an appeal in federal court April 18 seeking to protect the freedom of Catholic schools to hire teachers who will uphold Church teaching and support their Catholic mission.
Lonnie Billard was a drama teacher at Charlotte Catholic High School, where he agreed to uphold the teachings of the Catholic Church. He retired and continued to work as a substitute teacher but in 2014 was removed from the school’s list of substitutes after he entered a same-sex union and made public statements on social media advocating against Church teaching. He then partnered with the American Civil Liberties Union to sue the school for alleged discrimination, and a federal court in September ruled in his favor.
The diocese’s appeal was filed to the U.S. Court of Appeals for the Fourth Circuit by the Becket Fund for Religious Liberty, a non-profit organization based in Washington, D.C., that is defending the diocese free of charge. Becket has won nine Supreme Court victories in the last 10 years, including two victories protecting the freedom of religious schools to choose their teachers in accordance with their religious beliefs.
“The Supreme Court has repeatedly protected the right of religious schools to choose teachers who uphold their religious values and support their religious mission,” said Luke Goodrich, vice president and senior counsel at Becket. “If the First Amendment means anything, it means the Catholic Church has the freedom to hire Catholic school teachers who support Catholic teaching.”
Billard’s lawsuit contends that releasing him for actions that contradicted Church teaching is a form of unlawful discrimination.
The diocese counters that Catholic schools exist to help form students in the Catholic faith, and many parents make tremendous sacrifices to ensure their children receive a Catholic education. But Catholic schools cannot provide an authentically Catholic education if they are forced to hire teachers who publicly oppose Church teaching.
Enrollment is up across the diocese, which provides academic and religious education to more than 7,500 students in 19 schools across western North Carolina.
Teachers sign an annual employment contract affirming they will uphold the teachings of the Catholic Church.
The diocese’s appeal comes as other Catholic dioceses are defending similar lawsuits. A federal court in Indiana in 2020 ruled in favor of the Archdiocese of Indianapolis, recognizing that it had a constitutional right to dismiss a high school guidance counselor who entered a same-sex union in violation of her contract and Church teaching.
The Vatican’s Congregation for Catholic Education in Rome also recently released guidance on the identity of Catholic schools, emphasizing that “teachers must be outstanding in correct doctrine and integrity of life” and “have the obligation to recognize and respect the Catholic character of the school from the moment of their employment.”
A ruling on the diocese’s appeal is expected in 2023.
— Catholic News Herald