Separation of government and religion has played a big role in America’s principle of free will. Will this separation do the same for the LGBTQ+ community?
In 2018, Shelly Fitzgerald was fired from her job of 14 years. She worked at a catholic school in Indiana as a guidance counselor. Ultimately, she would be fired after the school caught wind of her same-sex marriage. Fitzgerald would not let this be the end of the situation and decided to take the matter to court. On top of making this a legal matter, she would also gain attention on social media because of what happened.
LGBTQ Support
When the media heard about this story, they were outraged. This situation would gain so much attention that eventually the TV show host, Ellen, would also come out in support. Ellen, who is also a part of the LGBTQ community, eventually invited Fitzgerald onto her show for an interview.
During this interview, Fitzgerald got to share her side of the story, and it was shocking. It is alleged that the majority of Fitzgerald’s co-workers knew about her marriage. In fact, she had been married for about 22 years and they even had a daughter together.
She said this knowledge only became a problem when one of her co-workers would get a copy of her marriage license and presented it to the school’s principal. She was then suspended and later fired. Apparently, when the principal made this announcement to the school, it was aired out that she was a part of the LGBTQ community. Her business was now public, and it wasn’t because she made it public.
After this interview, Ellen invited some students who were in support of their former guidance counselor. Additionally, she gifted Fitzgerald with a check for $25,000 and encouraged schools to think about hiring her.
Taking it to Court
Shelly Fitzgerald also looked for support from the court system. Unfortunately, when she went to her district court in Indiana, the case would be dismissed. Their reason would be due to the 1st Amendment. “The First Amendment rightly gives religious employers special solicitude to choose important religious figures to teach and preach the faith, it does not give them the power to choose what laws apply to them and when,” the lawyer responded in the brief.
Although some would think this is discrimination against the LGBTQ community, the courts disagree. In 2020, the Supreme Court would rule that religious schools are exempt from the majority of employment discrimination claims. It is said that under the ministerial exception, religious employers are given autonomy over their workers that other employers don’t have access to.
“The religious education and formation of students is the very reason for the existence of most private religious schools, and therefore the selection and supervision of the teachers upon whom the schools rely to do this work lie at the core of their mission,” Associate Justice Samuel Alito wrote. This implies that if a religious space doesn’t agree with the fact that an employee is LGBTQ they are free to fire them.
What Has Changed in 2023
Shelly Fitzgerald had her case dismissed because her being fired wasn’t considered discrimination. Since she and many others disagreed, she decided to appeal and go to a higher court. A Federal Appeals Court heard the case last week in Chicago and the public is awaiting the outcome. An exemption that was only supposed to apply to teachers is now affecting a guidance counselor and could affect more in the future.
A lot of attention is being paid to this case because if a guidance counselor can be fired, so can janitors and nurses.
The groups of people who hold these roles are now feeling vulnerable and want protection against discrimination. Kelly Fitzgerald’s team is pushing hard for her. In court, her lawyer says it is not her job to supply spiritual guidance, so her beliefs shouldn’t matter.
She is only in charge of helping the kids pick colleges. Her representatives are also fighting in court, “If the school really did expect them to provide spiritual support, it would provide them with religious training like it did with teachers,” said Gabriela Hybel with Americans United for Separation of Church and State, she is part of the representatives.
Overall, the public is waiting for an answer. The outcome will come from courts that usually favor religion. Will the LGBTQ get justice or will the law say this isn’t discrimination?
by Cynthia Thomas
USA TODAY: LGBTQ vs. Religion: How a gay guidance counselor’s firing could affect millions of workers
USA TODAY: Supreme Court upholds autonomy of religious employers in employment discrimination cases
INDYSTAR.: Fired gay Roncalli counselor, Shelly Fitzgerald, files appeal to federal court
Top and Featured Image courtesy of Sam T‘s Flickr Page – Creative Commons License
Inset Image courtesy of Ted Eytan‘s Flickr Page – Creative Commons License
