Trump Admin Backs Indiana High School Firing of Gay Teacher

The Trump administration has taken the side of an Indiana Catholic school that fired an openly gay teacher in a same-sex marriage, NBC reports.

An amicus brief filed by the Department of Justice on Tuesday argues that the Roman Archdiocese of Indianapolis was within its constitutional rights in firing openly gay teacher Joshua Payne-Elliott. Furthermore, the Catholic Church is "entitled to employ in key roles only persons whose beliefs and conduct are consistent" with its ideology. The Department of Justice cites the "ministerial exception," which shields religious institutions from government interference in employment.

According to the Department of Justice's argument, the simple fact that Payne-Elliott is gay and in a same-sex marriage suggests that his continued employment after 13 years would "interfere with the Archdiocese's public expression of Church doctrine regarding marriage."

Payne-Elliott's firing from Cathedral High School extends back to spring 2019. It was two years after he married Layton Payne-Elliott, who teaches at Brebeuf Jesuit Preparatory School. The Archdiocese gave both schools an ultimatum, to fire both men or lose their recognition as Catholic institutions. While Joshua was fired, Layton was not – and the Archdiocese followed through with their threat, no longer acknowledging Brebeuf as a Catholic institution.

In June, Payne-Elliott filed a discrimination complaint with the Equal Employment Opportunity Commission and sued the Catholic Church for emotional distress and damaging his reputation. Other LGBTQ former employees have taken legal action against the Archdiocese of Indianapolis. Lynn Starkey and Shelley Fitzgerald, guidance counselors who worked for Roncalli High School, were fired because both are lesbians and both are in same-sex marriages. Fitzgerald was employed by the school for 15 years, and Starkey for 40 years.

Another Roncalli employee, Kelly Fischer, a heterosexual woman, says she was fired over her support for Starkey and Fitzgerald. Fischer has also filed a lawsuit.

The Trump administration has repeatedly claimed to be supportive of LGBTQ rights – with former ambassador, openly gay Richard Grenell recently heralding Trump as the "most pro-gay President" in US history without any substantial evidence to support such a claim. While continually rolling back Obama-era protections for LGBTQ people, the Trump administration has instead courted Evangelical voters through prioritizing religious liberty.