Fitzgerald was the first of several gay employees fired by the Indianapolis Archdiocese, drawing national attention to the issue of LGBTQ employment protections.
After being fired from Roncalli High School a year ago, for her same-sex marriage, Shelly Fitzgerald talks about the good that has come her way.Shelly Fitzgerald, the former Roncalli High School guidance counselor who was suspended and eventually fired over her same-sex marriage,Americans United for Separation of Church and State
, said in a statement that the lower court that dismissed her case in Sept. 2022 erred on the grounds of the First Amendment. “The First Amendment rightly gives religious employers special solicitude to choose important religious figures to teach and preach the faith,” the brief notes. “It does not give them the power to choose what laws apply to them and when.”
Rachel Laser, president and CEO of Americans United, also said in a statement that the attorneys who represented the Archdiocese of Indianapolis should not have been able to use “ministerial exception” given Fitzgerald’s position at the school as a guidance counselor, not a minister. “This case is part of a dangerous trend: The school’s attorneys and religious employers are urging courts to adopt an ever-broader interpretation of the ministerial exception, which was meant to ensure that houses of worship could freely choose their clergy,” Laser said.
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