Massachusetts Court Forces Catholic School To Hire Married Gay Man

The school argued that it was exempt from the anti-discrimination laws and that the state, under the U.S. constitution could not enforce the law because it would violate the school’s right of expressive association and free exercise of religion. The court ruled that employing Barret would not endanger the school’s religious expression.

As to the constitutional claim, the school argued that its expressive association rights would be infringed if forced to hire Barrett. The court, however, found that the school failed to meet two of the three standards set by the Supreme Court for such claims in its 2000 decision regarding the Boy Scouts. Although the academy does engage in “at least some form of expression,” meeting the first standard, the court found that there is “minimal risk” that Barrett’s hire would “significantly and seriously burden [Fontbonne’s] expression.”

Additionally, the court found that Massachusetts “has a compelling interest in prohibiting discrimination” — an interest “rarely stronger than in the employment context” — such that any burden on associational rights is outweighed by that interest.

Finally, the court found that Fontbonne’s free exercise claim — based on the “ministerial exception” — also failed. Looking at a 2012 Supreme Court case addressing the exception, the court found that Barrett “has no duties as an administrator or teacher of religious matters” and that the job is not subject to the exception.

Barret’s lawyer even cited the “advent of marriage equality” as the revolutionizing of discrimination, making religious organizations look like villains for not following their “obligation of nondiscrimination”. There are too many things wrong with this to even form a coherent response. While the American people are forced to suffer the hypocrisy of nondiscrimination, rights are being taken from the masses and granted to only a few.

Source: buzzfeed.com