The lawsuit was originally filed in 2019. The judge says while the role of a counsellor is 'predominately secular,' school documents expressly entrusted Fitzgerald with shaping the school's religious policy.
Shelly Fitzgerald filed the lawsuit in 2019. Fitzgerald worked for Roncalli for 15 years before she was fired after the school learned she was in a same-sex marriage.
The Archdiocese and Roncalli said the ministerial exception bars all of Fitzgerald's claims. The exception binds courts"to stay out of employment disputes involving those holding certain important positions with churches and other religious institutions." In court documents, Judge Richard L. Young wrote that"Roncalli entrusted Fitzgerald to teach the Catholic faith and carry out Roncalli's religious mission. Fitzgerald's employment agreement was a"teaching ministry contract" and Fitzgerald agreed to"[f]aithfully perform all duties of a [t]eacher in the school."
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