News

Schools Tussle Over Sex Standards

(UPDATED) Why are fired teachers still suing Christian schools?

Schools Tussle Over Sex Standards

Schools Tussle Over Sex Standards

The Roman Catholic Archdiocese of Cincinnati expects to go to trial soon to defend the 2010 firing of an unmarried teacher who used artificial insemination to get pregnant.

Religious freedom advocates say the case could clarify the rules when faith-based employment decisions collide with anti-discrimination laws.

In last year's landmark Hosanna-Tabor v. EEOC ruling, the U.S. Supreme Court unanimously said a "ministerial exception" exempts religious employers from federal employment and disability laws.

But the ruling hasn't stopped lawsuits against churches and Christian schools for morals-related firings. Legal experts don't see a spate of recent suits in Texas, Florida, and Georgia as a trend—but they do consider them a harbinger of a coming wave.

"I would predict there will be more over time," said Eric Rassbach, deputy general counsel for the Becket Fund for Religious Liberty. "You'll get more people who think it's perfectly fine to co-habitate and are genuinely surprised that a church employer feels otherwise."

Given this situation, Christian institutions must regularly update lifestyle covenants, said Tom Cathey, director of legal issues for the Association of Christian Schools International. Cathey counsels his 25,000 member schools to be forthright with staff about moral expectations and causes for dismissal.

"If their lifestyle agreements fit within the definition of church autonomy, then they'll absolutely win," said University of Missouri law professor Carl Esbeck.

Those who get sued shouldn't panic either, since many cases fizzle or settle in pre-trial proceedings.

The latter is common, said Stanley Carlson-Thies, president of the Institutional Religious Freedom Alliance. He understands that schools often want to make such cases "just go away," but such secrecy robs other schools of a chance to apply lessons learned.

"It doesn't clarify if something is right or wrong," he said. "It doesn't allow schools to realize how vulnerable they might be."

Sometimes schools lose even when the employee is a leader. Several months after Hosanna-Tabor, a jury found Christian Academy of Wichita Falls, Texas, guilty of retaliation after firing its former headmaster (who filed a gender discrimination claim).

Despite the verdict, Jeff Mateer of the Liberty Institute thinks Hosanna-Tabor means most fired school employees who sue will lose.

"It's part of a larger issue," he said. "It's the First Amendment conflicting with employment law and other federal law. I'm confident the Constitution will win."

Update (Feb. 7): Courthouse News Service reports that Dias v. Archdiocese of Cincinnati, the case of the lesbian who was fired after undergoing artificial insemination, will head to a jury. The trial is slated to begin March 19.

Update (Feb. 15): High-profile lawyer Gloria Allred has filed a similar lawsuit against San Diego Christian College.

Also in this issue

The CT archives are a rich treasure of biblical wisdom and insight from our past. Some things we would say differently today, and some stances we've changed. But overall, we're amazed at how relevant so much of this content is. We trust that you'll find it a helpful resource.

Cover Story

The Hidden History of Insider Movements

Cover Story

Worshiping Jesus in the Mosque

Cover Story

Why Evangelicals Should Be Thankful for Muslim Insiders

Cover Story

How Much Muslim Context Is Too Much for the Gospel?

The Gospel Hand-Off

So, Who Hallows God's Name?

My Top 5 Books on Mental Illness

Are You Worshiping the Idol of 'Open Options'?

Review

The Sin of a Preacher Man

Catholics and Baptists Together

Testimony

My Train Wreck Conversion

How Can Short-Term Missions Best Advance God's Mission?

Review

God Repairs the Shattered Glass

Election Is for Everyone

Excerpt

How Should Christians Get Rid of Garbage in their Hearts?

The Zombie Apocalypse

News

Fifty Shades of the Good Book

The Great Tiny Baby Rescue

Given Deborah, Jael, and Judith, Why Shouldn't Women Serve in Combat?

Editorial

Discipleship Is Messy

News

How Should Christian Satellite Networks Evangelize Muslims?

News

Kenyan Jihadists Target Surprising Recruits: Ex-Christians

The 2013 Book Awards

Top 10 News Stories of 2012

Quick Takes

Wilson's Bookmarks

Letters to the Editor

Exclusive: Christian Wiman Discusses Faith as He Leaves World's Top Poetry Magazine

News

Hope for the Gay Undergrad

News

Should Christian Colleges Build Top-Ranked Football Teams?

News

Quotation Marks

News

Go Figure

News

Gleanings

Change to Believe In

View issue

Our Latest

Taylor Swift Makes Showgirls of Us All

Something compels us to perform our relationship with the pop star’s music. Maybe that’s her secret to success.

Public Theology Project

The Loss of One Forgotten Virtue Could Destroy the Country

We’ve all become numb to this unserious, trivializing age.

News

Amid Floods and Heat Waves, Indian Church Fights Climate Change

Christ Church in Kerala tends to its garden while helping its parishioners and neighbors live sustainably.

A Civil War of Words

Evangelical factions can increasingly be identified by our speech. We agree on big issues yet insult and talk past each other.

The Manosphere Gets Discipline Right and Dependence Wrong

Young men are right to want agency, clarity, and strength. But grit alone cannot carry them.

The Russell Moore Show

Benjamin Watson and Russell Moore on The Just Life

Christian justice, gospel-centered living, and faithful action

Is a Ban on Conversion Therapy Constitutional?

In her Supreme Court challenge, evangelical therapist Kaley Chiles calls the Colorado law a violation of her free speech.

Wire Story

Tony Evans Will No Longer Pastor Dallas Megachurch After Restoration

Oak Cliff Bible Fellowship announced that its pastor of 48 years won’t return to leadership. The church expects son Jonathan Evans to succeed him.

Apple PodcastsDown ArrowDown ArrowDown Arrowarrow_left_altLeft ArrowLeft ArrowRight ArrowRight ArrowRight Arrowarrow_up_altUp ArrowUp ArrowAvailable at Amazoncaret-downCloseCloseEmailEmailExpandExpandExternalExternalFacebookfacebook-squareGiftGiftGooglegoogleGoogle KeephamburgerInstagraminstagram-squareLinkLinklinkedin-squareListenListenListenChristianity TodayCT Creative Studio Logologo_orgMegaphoneMenuMenupausePinterestPlayPlayPocketPodcastRSSRSSSaveSaveSaveSearchSearchsearchSpotifyStitcherTelegramTable of ContentsTable of Contentstwitter-squareWhatsAppXYouTubeYouTube