Trump’s DOJ Says It’s Okay For A Catholic School To Fire A Teacher For Being Gay

By Carlos Santoscoy

The Trump administration has sided with a Catholic school that fired a teacher after he entered a same-sex marriage.

Joshua Payne-Elliott lost his job as a world language and social studies teacher at Cathedral High School, a private Catholic school, in Indianapolis in June 2019. His husband, Layton Payne-Elliott, is a teacher at Brebeuf Jesuit Preparatory School. After the couple married in 2017, the Catholic Church directed the schools to fire both men.

The Archdiocese of Indianapolis stripped Brebeuf of its Catholic status after it refused to fire Layton Payne-Elliott. Days later, Cathedral fired Joshua Payne-Elliott after the archdiocese threatened it with the same action.

In a statement to the parents and staff, Cathedral called the decision to terminate Joshua Payne-Elliott “agonizing” and “made after 22 months of earnest discussion.”

Joshua Payne-Elliott sued the Archdiocese of Indianapolis, claiming that it illegally interfered with his employment relationship with Cathedral.

The Department of Justice (DOJ) has filed a brief in support of the Archdiocese of Indianapolis. The case is currently before the Indiana Supreme Court.

In the 36-page brief, U.S. Attorney Josh Minkler for the Southern District of Indiana argues that the archdiocese is protected under the First Amendment.

“[T]he First Amendment right of expressive association protects the Archdiocese’s right not to associate with Cathedral, whose forced presence within the Archdiocese’s associational umbrella if it continued to employ Payne-Elliott as a teacher would interfere with the Archdiocese’s public expression of Church doctrine regarding marriage,” Minkler wrote.

A gay guidance counselor at a separate Catholic high school has also filed a federal lawsuit against the archdiocese. Lynn Starkey says she was fired because of her same-sex marriage.

The Roman Catholic Church, which views gay relationships as sinful, has taken a strong stand against same-sex couples who marry.

According to New Ways Ministry, a group that advocates on behalf of LGBT Catholics, roughly 90 church workers “have lost their jobs in LGBT-related employment disputes” since 2007.

Complete Article HERE!

After lobbying, Catholic Church won $1.4B in virus aid


By REESE DUNKLIN and MICHAEL REZENDES

The U.S. Roman Catholic Church used a special and unprecedented exemption from federal rules to amass at least $1.4 billion in taxpayer-backed coronavirus aid, with many millions going to dioceses that have paid huge settlements or sought bankruptcy protection because of clergy sexual abuse cover-ups.

The church’s haul may have reached — or even exceeded — $3.5 billion, making a global religious institution with more than a billion followers among the biggest winners in the U.S. government’s pandemic relief efforts, an Associated Press analysis of federal data released this week found.

Houses of worship and faith-based organizations that promote religious beliefs aren’t usually eligible for money from the U.S. Small Business Administration. But as the economy plummeted and jobless rates soared, Congress let faith groups and other nonprofits tap into the Paycheck Protection Program, a $659 billion fund created to keep Main Street open and Americans employed.

By aggressively promoting the payroll program and marshaling resources to help affiliates navigate its shifting rules, Catholic dioceses, parishes, schools and other ministries have so far received approval for at least 3,500 forgivable loans, AP found.

The Archdiocese of New York, for example, received 15 loans worth at least $28 million just for its top executive offices. Its iconic St. Patrick’s Cathedral on Fifth Avenue was approved for at least $1 million.

In Orange County, California, where a sparkling glass cathedral estimated to cost over $70 million recently opened, diocesan officials working at the complex received four loans worth at least $3 million.

And elsewhere, a loan of at least $2 million went to the diocese covering Wheeling-Charleston, West Virginia, where a church investigation revealed last year that then-Bishop Michael Bransfield embezzled funds and made sexual advances toward young priests.

Simply being eligible for low-interest loans was a new opportunity. But the church couldn’t have been approved for so many loans — which the government will forgive if they are used for wages, rent and utilities — without a second break.

Religious groups persuaded the Trump administration to free them from a rule that typically disqualifies an applicant with more than 500 workers. Without this preferential treatment, many Catholic dioceses would have been ineligible because — between their head offices, parishes and other affiliates — their employees exceed the 500-person cap.

“The government grants special dispensation, and that creates a kind of structural favoritism,” said Micah Schwartzman, a University of Virginia law professor specializing in constitutional issues and religion who has studied the Paycheck Protection Program. “And that favoritism was worth billions of dollars.”

The amount that the church collected, between $1.4 billion and $3.5 billion, is an undercount. The Diocesan Fiscal Management Conference, an organization of Catholic financial officers, surveyed members and reported that about 9,000 Catholic entities received loans. That is nearly three times the number of Catholic recipients the AP could identify.

The AP couldn’t find more Catholic beneficiaries because the government’s data, released after pressure from Congress and a lawsuit from news outlets including the AP, didn’t name recipients of loans under $150,000 — a category in which many smaller churches would fall. And because the government released only ranges of loan amounts, it wasn’t possible to be more precise.

Even without a full accounting, AP’s analysis places the Catholic Church among the major beneficiaries in the Paycheck Protection Program, which also has helped companies backed by celebrities, billionaires, state governors and members of Congress.

The program was open to all religious groups, and many took advantage. Evangelical advisers to President Donald Trump, including his White House spiritual czar, Paula White-Cain, also received loans.

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‘TRULY IN NEED’

There is no doubt that state shelter-in-place orders disrupted houses of worship and businesses alike.

Masses were canceled, even during the Holy Week and Easter holidays, depriving parishes of expected revenue and contributing to layoffs in some dioceses. Some families of Catholic school students are struggling to make tuition payments. And the expense of disinfecting classrooms once classes resume will put additional pressure on budgets.

But other problems were self-inflicted. Long before the pandemic, scores of dioceses faced increasing financial pressure because of a dramatic rise in recent clergy sex abuse claims.

The scandals that erupted in 2018 reverberated throughout the world. Pope Francis ordered the former archbishop of Washington, Cardinal Theodore McCarrick, to a life of “prayer and penance” following allegations he abused minors and adult seminarians. And a damning grand jury report about abuse in six Pennsylvania dioceses revealed bishops had long covered for predator priests, spurring investigations in more than 20 other states.

As the church again reckoned with its longtime crisis, abuse reports tripled during the year ending June 2019 to a total of nearly 4,500 nationally. Meanwhile, dioceses and religious orders shelled out $282 million that year — up from $106 million just five years earlier. Most of that went to settlements, in addition to legal fees and support for offending clergy.

Loan recipients included about 40 dioceses that have spent hundreds of millions of dollars in the past few years paying victims through compensation funds or bankruptcy proceedings. AP’s review found that these dioceses were approved for about $200 million, though the value is likely much higher.

One was the New York Archdiocese. As a successful battle to lift the statute of limitations on the filing of child sexual abuse lawsuits gathered steam, Cardinal Timothy Dolan established a victim compensation fund in 2016. Since then, other dioceses have established similar funds, which offer victims relatively quick settlements while dissuading them from filing lawsuits.

Spokesperson Joseph Zwilling said the archdiocese simply wanted to be “treated equally and fairly under the law.” When asked about the waiver from the 500-employee cap that religious organizations received, Zwilling deferred to the U.S. Conference of Catholic Bishops.

A spokesperson for the bishops’ conference acknowledged its officials lobbied for the paycheck program, but said the organization wasn’t tracking what dioceses and Catholic agencies received.

“These loans are an essential lifeline to help faith-based organizations to stay afloat and continue serving those in need during this crisis,” spokesperson Chieko Noguchi said in a written statement. According to AP’s data analysis, the church and all its organizations reported retaining at least 407,900 jobs with the money they were awarded.

Noguchi also wrote the conference felt strongly that “the administration write and implement this emergency relief fairly for all applicants.”

Not every Catholic institution sought government loans. The Ukrainian Catholic Eparchy based in Stamford, Connecticut, told AP that even though its parishes experienced a decline in donations, none of the organizations in its five-state territory submitted applications.

Deacon Steve Wisnowski, a financial officer for the eparchy, said pastors and church managers used their rainy-day savings and that parishioners responded generously with donations. As a result, parishes “did not experience a severe financial crisis.”

Wisnowski said his superiors understood the program was for “organizations and businesses truly in need of assistance.”

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LOBBYING FOR A BREAK

The law that created the Paycheck Protection Program let nonprofits participate, as long as they abided by SBA’s “affiliation rule.” The rule typically says that only businesses with fewer than 500 employees, including at all subsidiaries, are eligible.

Lobbying by the church helped religious organizations get an exception.

The Catholic News Service reported that the bishops’ conference and several major Catholic nonprofit agencies worked throughout the week of March 30 to ensure that the “unique nature of the entities would not make them ineligible for the program” because of how SBA defines a “small” business. Those conversations came just days after President Trump signed the $2 trillion Coronavirus Aid, Relief, and Economic Security Act, which included the Paycheck Protection Program.

In addition, federal records show the Los Angeles archdiocese, whose leader heads the bishops’ conference, paid $20,000 to lobby the U.S. Senate and House on “eligibility for non-profits” under the CARES Act. The records also show that Catholic Charities USA, a social service arm of the church with member agencies in dioceses across the country, paid another $30,000 to lobby on the act and other issues.

In late April, after thousands of Catholic institutions had secured loans, several hundred Catholic leaders pressed for additional help on a call with President Trump. During the call, Trump underscored the coming presidential election and touted himself as the candidate best aligned with religious conservatives, boasting he was the “best (president) the Catholic church has ever seen,” according to Crux, an online publication that covers church-related news.

The lobbying paid off.

Catholic Charities USA and its member agencies were approved for about 110 loans worth between $90 million and $220 million at least, according to the data.

In a statement, Catholic Charities said: “Each organization is a separate legal entity under the auspices of the bishop in the diocese in which the agency is located. CCUSA supports agencies that choose to become members, but does not have any role in their daily operations or governance.”

The Los Angeles archdiocese told AP in a survey that reporters sent before the release of federal data that 247 of its 288 parishes — and all but one of its 232 schools — received loans. The survey covered more than 180 dioceses and eparchies.

Like most dioceses, Los Angeles wouldn’t disclose its total dollar amount. While the federal data doesn’t link Catholic recipients to their home dioceses, AP found 37 loans to the archdiocese and its affiliates worth between $9 million and $23 million, including one for its downtown cathedral.

In 2014, the archdiocese paid a record $660 million to settle sex abuse claims from more than 500 victims. Spokespeople for Los Angeles Archbishop Jose M. Gomez did not respond to additional questions about the archdiocese’s finances and lobbying.

In program materials, SBA officials said they provided the affiliation waiver to religious groups in deference to their unique organizational structure, and because the public health response to slow the coronavirus’ spread disrupted churches just as it did businesses.

A senior official in the U.S. Department of the Treasury, which oversees the SBA, acknowledged in a statement the wider availability of SBA loans to religious organizations. “The CARES Act expanded eligibility to include nonprofits in the PPP, and SBA’s regulations ensured that no eligible religious nonprofit was excluded from participation due to its beliefs or denomination,” the statement said.

Meanwhile, some legal experts say that the special consideration the government gave faith groups in the loan program has further eroded the wall between church and state provided in the First Amendment. With that erosion, religious groups that don’t pay taxes have gained more access to public money, said Marci Hamilton, a University of Pennsylvania professor and attorney who has represented clergy abuse victims on constitutional issues during bankruptcy proceedings.

“At this point, the argument is you’re anti-religious if in fact you would say the Catholic Church shouldn’t be getting government funding,” Hamilton said.

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CASHING IN FAST

After its lobbying blitz, the Catholic Church worked with parishes and schools to access the money.

Many dioceses — from large ones such as the Archdiocese of Boston to smaller ones such as the Diocese of La Crosse, Wisconsin — assembled how-to guides to help their affiliates apply. The national Catholic fiscal conference also hosted multiple webinars with legal and financial experts to help coach along local leaders.

Federal data show that the bulk of the church’s money was approved during the loan program’s first two weeks. That’s when demand for the first-come, first-served assistance was so high that the initial $349 billion was quickly exhausted, shutting out many local businesses.

Overall, nearly 500 loans approved to Catholic entities exceeded $1 million each. The AP found that at least eight hit the maximum range of $5 million to $10 million. Many of the listed recipients were the offices of bishops, headquarters of leading religious orders, major churches, schools and chapters of Catholic Charities.

Also among recipients was the Saint Luke Institute. The Catholic treatment center for priests accused of sexual abuse and those suffering from other disorders received a loan ranging from $350,000 to $1 million. Based in Silver Spring, Maryland, the institute has at times been a way station for priests accused of sexual abuse who returned to active ministry only to abuse again.

Perhaps nothing illustrates the church’s aggressive pursuit of funds better than four dioceses that sued the federal government to receive loans, even though they entered bankruptcy proceedings due to mounting clergy sex-abuse claims. Small Business Administration rules prohibit loans to applicants in bankruptcy.

The Archdiocese of Santa Fe, New Mexico — once home to a now-closed and notorious treatment center for predator priests — prevailed in court, clearing the way for its administrative offices to receive nearly $1 million. It accused the SBA of overreaching by blocking bankruptcy applications when Congress didn’t spell that out.

Yet even when a diocese has lost in bankruptcy court, or its case is pending, its affiliated parishes, schools and other organizations remain eligible for loans.

On the U.S. territory of Guam, well over 200 clergy abuse lawsuits led church leaders in the tiny Archdiocese of Agana to seek bankruptcy protection, as they estimated at least $45 million in liabilities. Even so, the archdiocese’s parishes, schools and other organizations have received at least $1.7 million as it sues the SBA for approval to get a loan for its headquarters, according to bankruptcy filings.

The U.S. church may have a troubling record on sex abuse, but Bishop Lawrence Persico of Erie, Pennsylvania, pushed back on the idea that dioceses should be excluded from the government’s rescue package. Approximately 80 organizations within his diocese received loans worth $10.3 million, the diocese said, with most of the money going to parishes and schools.

Persico pointed out that church entities help feed, clothe and shelter the poor — and in doing so keep people employed.

“I know some people may react with surprise that government funding helped support faith-based schools, parishes and dioceses,” he said. “The separation of church and state does not mean that those motivated by their faith have no place in the public square.”

Stranger in your own land: How Polish LGBT+ people are battling discrimination

While Poland remains more socially conservative than many countries in Western Europe, attitudes to LGBT+ issues are changing. We speak to activists standing strong in the face of oppression.

by Will St Leger

In the lead up to the Polish elections in October this year, LGBT+ people became a central cultural issue in the country’s election campaigns. Law and Justice (PiS) – Poland’s Christian democratic and right-wing populist party – demonised the community to win votes in what is still considered a Catholic country. Jaroslaw Kaczynski, the leader of Poland’s ruling party, used the populist playbook to identify perceived threats to society. According to Mr Kaczynski, those threats come from LGBT+ people and from Europe, where families can have “two mummies or two daddies”.

The Catholic Church’s anti-gay rhetoric has become the ruling party’s dominant theme. Recently the archbishop of Krakow, Marek Jedraszewski, described Poland as under siege from a “rainbow plague” of gay rights activists. In the past, the archbishop identified the “LGBT lobby” and “gender ideology” as the new threat to national freedom.

In Poland, same-sex unions are not legal. Gay couples can’t take out loans, settle taxes together, or inherit. There are no laws protecting LGBT+ people from hate crime. Life for Polish LGBT+ folk feels increasingly dangerous, especially in rural areas. Back in July, participants at a Pride parade in Bialystok in the east of the country were attacked by a violent mob, leaving many people injured. Scenes of these attacks sent shock waves across social media. In the same month, a right wing newspaper, Gazeta Polska issued “LGBT-free zone” stickers to readers which drew widespread criticism from Polish opposition parties and diplomats.

It’s midday, I’m in central Warsaw and I’m visiting the offices of Lambda, Poland’s longest running LGBT+ organisation. I’ve arranged a meeting with Krzysztof Kliszczyński, a seasoned Polish LGBT+ activist, and Sławomir Kirdzik, a 22 year-old student at Warsaw University and an intern with Lambda. I begin by asking Krzysztof about the recent elections and how anti-LGBT+ rhetoric is impacting life for the community.

Krzysztof begins, “One year ago LGBT+  people were not the topic of national political discussion, then in February this year, within days of the mayor of Warsaw signing a pledge to protect LGBT+  rights in the capital, the ruling party launched its attack on the LGBT+ community.”

Sławomir adds, “I come from Gdansk, so coming to Warsaw was not a huge change in the way I express myself. I have been attacked on the street and I know of many people who have been attacked leaving a gay club nearby.

“When I’m on the street I don’t have a problem expressing myself, because it’s more important that other young people see that there are people just like them.”

Sławomir points to his bag, which has a rainbow flag patch sewn on it, “When I carry this bag, I hear people behind me on the street calling me a ‘faggot’ nearly everyday, however there are lots of supportive people trying to help me.”

Krzysztof expands on the history of youth movements in Poland; “30 years ago, young people led the political wave against communist rule, my generation led the second wave of establishing LGBT+  groups like Lambda and greater rights for LGBT+ people, now we are seeing a newer generation of 15 and 16 year-olds that have witnessed the progress of LGBT+ rights throughout Europe who aspire and campaign for those rights too.”

Despite the violence and political rhetoric, Poland has seen an increase in the number of Pride marches and attendees. Two years ago there were seven Pride/equality marches, last year there were 70. Public opinion is shifting too – a recent survey showed 57 % support same-sex civil partnerships – the positive responses were mainly from younger people, especially women living in cities. Younger men in rural areas tend to have the most negative views of same-sex relationships and LGBT+ rights.

That evening, Krzysztof and Sławomir invite me to come back to the office as an LGBT+ youth group hold one of their weekly meetings. About 20 young people are sitting in a circle chatting among themselves. I’m introduced to a trans man called Hugo, I’m interested to learn about the legal and cultural status of trans people in Poland and find it’s not quite what I expect.

Legal gender recognition has been known to Polish courts since the late 1960’s. Changing a person’s gender marker is done through a court process known as the “assessment suit”, in which an individual has to literally file a lawsuit against their parents and both parents must agree.

A person going through gender recognition in Poland is subjected to physical examination, along with psychological and psychiatric evaluations. After those are fulfilled, the diagnostician decides whether to prescribe hormones. While it is possible to receive hormonal treatment without the diagnosis, this practice might be problematic for further court procedures.

To gain legal recognition as a woman one has to undergo several months of hormonal therapy. Recognition of masculinity requires undergoing chest surgery as well. In this case, one could say that Poland is strictly divided into west Poland, where trans men are not forced to undergo any surgeries, and east Poland, where mastectomy is often required before the court process can begin. Mastectomy is labeled as a condition for receiving the relevant documents needed for the lawsuit (against your parents). Some good news came in 2016, when a court in Warsaw issued a decision that allowed a Polish citizen, who transitioned legally in Germany, to change her personal data (gender marker, and first and last name) without obtaining a transsexual diagnosis and going through a civil court case in Poland.

I asked Hugo about his real life experience of being trans in Poland. He said, “It took my mother time to adjust but recently she has started using he/him pronouns when addressing me and that made a big difference.”

The Catholic Church’s grip on the country also seems to be softening. Poland is now experiencing the same scrutiny about historical sexual abuse within the clergy as the Catholic Church in Ireland did in the 1990’s and early 2000’s. This year, an independent Polish documentary directed by Tomasz Sekielski called Tell No One unearthed cases of child sexual abuse. The film addresses the issue of responsibility of the Episcopal Conference of Poland for hiding paedophile priests from the law. It was posted on YouTube in May, 2019, and received over a million views in the first five hours – a new record for Polish YouTube. Seven months later it’s had over 23 million views. Following the film, the National Public Prosecutor’s Office stated that they had established a team of prosecutors, whose task it is to analyse the cases presented in the documentary.

From the outside, Poland may seem an outwardly conservative country out of step with progressive Europe regarding LGBT+ rights, however, looking closer, I see a country that is not dissimilar to Ireland in the late ‘80s. The government are deflecting their economic failures by creating misdirection and stirring up hatred against LGBT+ people and immigrants. As the cracks appear in their cover up of clerical abuse of children, the Catholic Church are under scrutiny and using the age-old tactic of blaming LGBT+ people for their own sins. The next few years will be crucial for LGBT+ people. If broader society can continue to mobilise behind the community, Poland could to shift from a theocratic state into a more modern and pluralist society.

Complete Article HERE!

Will bishops at last be held to account in abuse cases?

We’re about to find out.

Bishop Richard J. Malone of Buffalo speaks during a news conference in Cheektowaga, N.Y., on Nov. 5, 2018

ON BECOMING the bishop of Buffalo, Richard J. Malone let it be known that his episcopal motto would be “living the truth in love.” Now Mr. Malone, ensnared in scandals and buffeted by allegations that he has covered up for priests accused of sexual abuse, has become a test case of whether bishops, who report only to the pope, will at last become accountable under a new policy adopted by Pope Francis last spring.

It has been a year since the bishop acknowledged “inadequacies” in his handling of abuse complaints involving minors as well as adults targeted by clergymen. Since then, reports of those “inadequacies” have multiplied. But Mr. Malone, who insists he has instituted reforms, has refused to resign even as some clergy in his own diocese and other prominent Catholics have said enough is enough. His tale encapsulates a basic feature of the church’s clergy sex abuse scandals: professions of new procedures and policies to clean up the mess, juxtaposed with institutional inertia, resistance and denial.

When Mr. Malone assumed his current job, in 2012, it had already been a decade since the clerical abuse and coverup scandals, starting in Boston, had erupted across the country. Yet in Buffalo, one of the nation’s largest dioceses, with some 600,000 Catholics, it took six years and, finally, a barrage of accusations involving local clergy, before he posted a list of 42 priests credibly accused of child sex abuse.

Those cases covered the decades before Mr. Malone had arrived in Buffalo, and, it soon emerged, they represented a very partial accounting. The bishop’s own executive assistant, Siobhan O’Connor, had seen the original draft, with 117 priests named, along with hundreds of pages of diocesan personnel files and memos — including a 300-page binder she found in a cleaning cabinet — detailing the allegations.

Ms. O’Connor, who turned over copies of the documents to a local television station as well as CBS’s “60 Minutes,” realized the published list had been whittled down by the bishop and church lawyers to exclude, among others, accused priests who had been left in ministry or restored after a suspension. In one case, a church lawyer wrote to the bishop that a priest alleged to have had sex with a teenage girl in the 1980s should be dropped from the list because including him “might require explanation.” (The priest, Fabian J. Maryanski, who has since been placed on leave, denied the allegation.)

Under the church’s new policy on accountability for bishops, it has fallen to Cardinal Timothy M. Dolan, the archbishop of New York, to decide whether to launch an investigation of Mr. Malone. As Mr. Dolan mulls that question — his office says an announcement is expected soon — other revelations have surfaced involving Mr. Malone’s less-than-assiduous attention to abuse victims. In an audio recording of a conversation from August, leaked recently by one of his former top assistants, Mr. Malone is heard worrying that “this could be the end for me as bishop.”

Conceivably, it could be. Meanwhile, what’s striking in the sordid tale is the absence of proactive moves that would lend credibility to the church’s stated zero-tolerance stance.

Complete Article HERE!

Archdiocese claims 1st Amendment against gay teacher’s lawsuit.

Here’s how that could play out.

The Archdiocese of Indianapolis enrolled 23,206 students in the 2018-19 school year, and it has 68 Catholic schools, including seven high schools. Here’s what we know.

By

A judge will soon decide whether the Catholic Church’s First Amendment religious rights protects it from a lawsuit filed by a fired Cathedral High School teacher who is gay.

Joshua Payne-Elliott was fired in June for being in a same-sex marriage, something the archdiocese says violates church doctrine. The school had the option of firing Payne-Elliott or being stripped by the archdiocese of its Catholic status. Cathedral chose to dismiss the teacher, who had been with the school since 2006 as a world language and social studies teacher.

Payne-Elliott in July sued the archdiocese, stating that he has suffered lost wages, lost employer-provided benefits and endured emotional distress and damage to his reputation.

The archdiocese filed a motion this week to dismiss Payne-Elliott’s lawsuit, citing First Amendment protections and jurisdictional issues. Jay Mercer, attorney for the archdiocese, said he’s confident a judge will rule in the archdiocese’s favor.

While a constitutional law expert who spoke to IndyStar didn’t rule out the chance that the archdiocese’s motion to dismiss will prevail, he said it would be more complicated than it appears.

What the attorneys say

Mercer said the archdiocese is governed by Catholic canon law and that the archbishop is tasked with ensuring Catholic teachers abide by church doctrine. The archbishop’s right to do so without court interference is enshrined in the First Amendment, Mercer said.

“The court would be substituting its judgment for the archbishop, which it could not do because the court cannot put itself as the leader of the Catholic church,” Mercer said Thursday. “It would be inappropriate for a court to say it (the archdiocese) doesn’t have this authority. It would be violating the Constitution.”

The archdiocese’s motion asks the court to dismiss the case on grounds that it isn’t constitutionally allowed to interfere with church governance. The 20-page document cites a slew of case histories and rulings to support its argument.

Payne-Elliott’s attorney, Kathleen DeLaney, said archdioceses get sued all the time, making it clear that they can fall under court jurisdiction.

“I think they’re really overreaching,” DeLaney said of the archdiocese’s motion.

DeLaney argues that a court can hear and decide her client’s lawsuit without making a judgment about church doctrine. The case is really about the archdiocese interfering with a separate entity, Cathedral High School, to force Payne-Elliott’s termination without justification, DeLaney said.

In the archdiocese’s motion, Mercer says the plaintiff fails to show there wasn’t justification for the archdiocese’s involvement that led to Payne-Elliott’s firing. When asked by phone about alleged improper interference, Mercer said the merits of that allegation won’t even make it to court.

“The merits of this case will never be litigated because the court has no authority,” he said.

Complete Article HERE!