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Indiana Supreme Court upholds Cathedral's firing of teacher for same-sex marriage

Cathedral fired Joshua Payne-Elliott in June 2019 after 13 years at the school, teaching foreign language and social studies.

INDIANAPOLIS — The Indiana Supreme Court upheld the Roman Catholic Archdiocese of Indianapolis, Inc.'s decision in firing a Cathedral High School teacher for being in a same-sex marriage.

In Wednesday's ruling, the court determined Joshua Payne-Elliott's dismissal under Trial Rule 12(B)(1), which allows dismissal for "[l]ack of jurisdiction over the subject matter." However, the court then justified Payne-Elliott's dismissal under Trial Rule 12(B)(6), which tests the legal sufficiency of the plaintiff’s claim, not the facts supporting it.

Cathedral fired Payne-Elliott from his teaching position in June 2019 after the archdiocese ordered all Catholic schools under its purview to enforce a morality clause barring employees from same-sex marriages. Payne-Elliott married Layton Payne-Elliott, a teacher at Brebeuf Jesuit Preparatory School, in 2017. 

Payne-Elliott's lawsuit alleged the Archdiocese illegally interfered with his contract and employment at Cathedral. He contends he was offered a new contract in May 2019 and then terminated in June 2019 as a result of his same-sex marriage. Payne-Elliott had been a teacher at Cathedral High School for 13 years, teaching foreign language and social studies.

Payne-Elliott said the archdiocese put pressure on the school to fire him. He then settled with the school over his employment discrimination claims and filed a lawsuit against the archdiocese. 

The Archdiocese of Indianapolis responded at the time with a statement explaining its position:

"In the Archdiocese of Indianapolis’ Catholic schools, all teachers, school leaders and guidance counselors are ministers and witnesses of the faith, who are expected to uphold the teachings of the Church in their daily lives, both in and out of school. Religious liberty, which is a hallmark of the U.S. Constitution and has been tested in the U.S. Supreme Court, acknowledges that religious organizations may define what conduct is not acceptable and contrary to the teachings of its religion, for its school leaders, guidance counselors, teachers and other ministers of the faith."

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