Appeals Court Upholds Religious School’s Employment Freedom

RICHMOND, VA – The Fourth Circuit Court of Appeals recently ruled in favor of the Diocese of Charlotte, North Carolina, protecting the freedom of religious schools to employ schoolteachers who will uphold their religious beliefs. In Billard v. Diocese of Charlotte, the Court overturned a lower court ruling on May 8, 2024, and reaffirmed Charlotte Catholic High School’s (CCHS) religious freedom as a result of a lawsuit by a former high school teacher who was fired after he entered into a same-sex relationship that conflicted with the school’s beliefs about marriage and sexuality. Lonnie Billard sued the school in 2017 for sex discrimination under Title VII after he was fired. The former teacher taught English and Drama at CCHS for 12 years before retiring and transferring to a substitute role. As a teacher, he previously signed a contract agreeing to uphold teachings of the Catholic Church. But in 2015, he entered into a same-sex marriage in violation of Catholic teaching and made public statements on social media advocating against Church teaching. When the school chose not to continue employing him as a substitute teacher, he sued the school and the Diocese of Charlotte for asking their teachers to support the school’s religious mission. The Diocese of Charlotte, represented by The Becket Fund for Religious Liberty and Troutman Pepper, has operated Catholic schools across western North Carolina for more than 50 years.

 

 

In its ruling, the Fourth Circuit stated the First Amendment requires civil courts are “bound to stay out of employment disputes involving ministers – those holding certain important positions with churches and other religious institutions.” The Court found that Billard was a minister because Charlotte Catholic requires its teachers to “model and promote Catholic faith and morals” and he played a “vital role” in advancing the school’s religious mission -- even if he taught secular subjects such as English and drama. CCHS expects its teachers to begin each class with a short prayer, led either by the teacher or the students, though it does not dictate the content of the prayer. It requires its teachers to accompany students to all-school Mass, where they play a ‘supervisory,’ though not specifically religious, role.” The Diocese states its own mission: “We, the people of God in the Diocese of Charlotte, fortified in the Father, redeemed in the Son, empowered in the Spirit, are called to grow ever more perfectly into a community of praise, worship, and witness. We seek to become ever more enthusiastically a leaven of service and a sign of peace through love in Piedmont and Western North Carolina.”  The school’s motto, inscribed at its entrance, reads: “The soul of education is the education of the soul.”  The Fourth Circuit’s jurisdiction includes North Carolina, Maryland, Virginia, West Virginia, and South Carolina.  Liberty Counsel Founder and Chairman Mat Staver said, “This commonsense ruling by the Fourth Circuit Court of Appeals protects a fundamental religious liberty of faith-based organizations to employ people who align with their mission. The ministerial exception allows religious institutions to decide who to employ to represent the organization.”