Federal appeals court protects religious schools’ freedom to hire faithful teachers

WASHINGTON – A federal appeals court protected today the freedom of a Catholic school to hire people educators who uphold her religious beliefs. In Billard v. Diocese of Charlotte, a former substitute teacher sued the school and the diocese for not calling him back to work as a substitute teacher after he joined a gay fraternity and posted about it on Facebook. Today, the Fourth Circuit Court of Appeals affirmed the diocese’s freedom to choose teachers who will uphold the faith and help pass it on to the next generation.

The Diocese of Charlotte has operated Catholic schools in western North Carolina for more than 50 years. The 20 schools provide a first-class education that also helps students grow in the Catholic faith, making the opportunity widely available to students of all backgrounds, in part through generous financial aid. To ensure that teachers help the diocese fulfill its mission, the diocese asks all its teachers – Catholic and non-Catholic – to uphold the Catholic faith in word and deed.

“Many of our parents work long hours and make significant sacrifices so that their children can attend our schools and receive a faithful Catholic education.” said Assistant Superintendent Allana Ramkissoon. “That’s because we inspire our students not only to leverage the lessons and tools they need to thrive, but to cherish their faith as a precious gift from God.”

Lonnie Billard taught English and drama at Charlotte Catholic High School for more than a decade before retiring and then returning to Charlotte Catholic as a substitute teacher. Billard received training in the school’s religious mission and signed a contract agreeing to uphold the teachings of the church. In 2015, he joined a gay association because he knew he had violated church teachings. He wrote about it on Facebook, where he was friends with many of the school’s teachers and families. When the school stopped calling him to work as a substitute teacher, he teamed up with the American Civil Liberties Union to sue the school and the diocese, seeking hundreds of thousands of dollars in compensation.

In its ruling today, the court protected the Catholic Church’s freedom to employ teachers who agree to uphold Catholic teachings. As the court explained, the First Amendment requires that civil courts remain “out” of employment disputes involving ministers. And here the court ruled that Billard was a minister because Charlotte Catholic required all of its teachers to “model and promote the Catholic faith and morals.” Billard therefore played a “critical role” in furthering the school’s religious mission. This was true even though Billard taught secular subjects such as English and drama. As the court put it, “Billard may have taught Romeo and Juliet, but he did so after consulting with religious teachers to ensure he was teaching from a faith-based lens.” After determining that Billard was a minister, the court ruled that Billard’s lawsuit could not proceed, thus ruling in favor of Charlotte Catholic.

“The Supreme Court has been crystal clear on this issue: Catholic schools have the freedom to choose teachers who fully support Catholic teachings,” said Luke Goodrich, vice president and senior advisor at Becket, who represents the diocese in the case. “This is a victory for people of all faiths who cherish the freedom to pass on their faith to the next generation.”

Billard has 14 days to ask the Fourth Circuit to rehear his case, or 90 days to appeal to the U.S. Supreme Court.

For more information or to arrange an interview with Becket attorney, contact Ryan Colby at [email protected] or 202-349-7219.