A federal court in New York City ruled that the Archdiocese of New York had the right not to hire a principal who had shown “insubordination” to a local pastor. The federal court noted that a 2012 Supreme Court ruling considered religious instructors to be ministers not just ordinary employees.
The case before the U.S. Second Circuit Court of Appeals involved St. Anthony’s school in Nanuet, N.Y., 35 miles north of New York City.
The school had decided in 2011 not to renew the contract of its then-principal Joanne Fratello because of her alleged “insubordination” shown to the pastor of St. Anthony’s parish.
Fratello later alleged that the contract decision was a case of sex-based discrimination, and she filed a lawsuit against the school and the archdiocese. She said that she had been hired in a lay capacity, and thus the archdiocese would not be exempt from a discrimination lawsuit under the “ministerial exception.”
The “ministerial exception” forbids the government from intervening in the employment of a minister by a church, as part of the Establishment Clause of the First Amendment.