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July 12, 2019
In this June 13, 2017 file photo, Bishop Charles Thompson speaks after he is introduced as the new archbishop of Indianapolis in Indianapolis. The Archdiocese of Indianapolis says it no longer will recognize a Jesuit high school as Catholic because it refuses to fire a teacher who's in a same-sex marriage. It says a decree to be issued Friday by Archbishop Thompson states Brebeuf Jesuit Preparatory School "can no longer use the name Catholic and will no longer be identified or recognized as a Catholic institution." (AP Photo/Michael Conroy, File)

INDIANAPOLIS (AP) — A Catholic high school teacher who was fired because he's in a same-sex marriage sued the Archdiocese of Indianapolis on Wednesday, accusing it of discrimination and interfering with his teaching contract.

Joshua Payne-Elliott is suing the archdiocese in Marion County court and seeking unspecified compensatory, emotional distress and other damages.

Payne-Elliott taught at Cathedral High School for 13 years and Cathedral renewed his annual teaching contract on May 21, his attorney, Kathleen DeLaney, said in a news release. But on June 23, Cathedral's president told him he was being fired on the orders of the archdiocese.

Payne-Elliott also has filed discrimination charges with the Equal Employment Opportunity Commission, claiming the archdiocese discriminated against him on the basis of his sexual orientation and retaliated against him for opposing sexual orientation discrimination, the news release said.

"We intend to hold the Archdiocese accountable for violations of state and federal law," DeLaney said.

Payne-Elliott in 2017 married Layton Payne-Elliott, who teaches at Brebeuf Jesuit Preparatory School in Indianapolis. The archdiocese ordered Brebeuf to fire Layton Payne-Elliot, but the school refused, DeLaney said. As a result, the archdiocese said it no longer recognizes Brebeuf as a Catholic institution, though Brebeuf still identifies itself as an independent Catholic school.

Speaking for his family, Joshua Payne-Elliott said, "We hope that this case will put a stop to the targeting of LGBTQ employees and their families."

The archdiocese said in a statement that the U.S. Constitution allows religious organizations to define what conduct is unacceptable for employees.

"In the Archdiocese of Indianapolis' Catholic schools, all teachers, school leaders and guidance counselors are ministers and witnesses of the faith, who are expected to uphold the teachings of the Church in their daily lives, both in and out of school," the archdiocese said.

DeLaney on Tuesday said Joshua Payne-Elliott had reached a settlement with Cathedral in which the school will help him with future employment options. In it, Payne-Elliott thanked Cathedral for the opportunities and experiences that he has had teaching there and does not wish the school any harm. Cathedral thanked the teacher for the years of service, contributions, and achievements.

It wasn't clear whether a monetary settlement was included.

More: Jesuits / LGBT
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Lisa M
4 years 9 months ago

I think the question is did they sign agreements that acknowledged they were expected to uphold Church teaching in their private lives. If so, I think the answer is clear. I would hope, however, that efforts were made in both situations, to provide pastoral assistance, including helping them find another teaching position outside of a catholic institution. All Catholic teachings, together must guide us. What would the situation have been for an unwed teacher who chooses life, but then exposes her 'imperfect' choices? To be a witness of faith also requires assistance to those of us who fall short. Those who insist, however, that regardless of teachings, they plan to continue to live counter to the message, it would appear they must accept the terms of their employment.

Lindsey Gibbons
4 years 9 months ago

It will be deemed discriminatory if it is proved that Payne-Elliott was targeted because of his same-sex marriage. When you work for a Catholic institution, you do agree to live by Catholic principles. However, how many employees use birth control, are divorced and remarried without an annulment, live with their significant other even though they aren't married, etc.? I could go on. If the Catholic Church wants to start firing employees for not living an exemplary lifestyle, they need to fire everyone snubbing Catholic principles, not just the obvious ones.

Lisa M
4 years 9 months ago

I agree with you if he was targeted. Some of our behaviours are in the open others are not. It is only the open ones that cause confusion. So if someone is speaking of being divorced and remarried without an annulment, speaking of living with a partner and unmarried, etc that's a problem. How do we on the one hand expect the school be be a role model, and on the other have witnesses who send the opposite message. My daughter, who attended a girl's school had a teacher who went on a rant when one of the girls in the class spoke about being pro life and against gay marriage. I see nothing wrong with open discussions amongst the students. I see a lot wrong with a teacher telling the class how wrong this girl was to put forth such ideas. This in a Catholic school. No one is asking for perfection, but seriously I would much prefer to send my children to a public school and be taught ideologies counter to my faith than confusing my children by sending them to a catholic school and them being taught their faith is wrong.

Michael Bindner
4 years 9 months ago

The bishops suffer from a bad case of sour grapes on this issue.

Michael Bindner
4 years 9 months ago

I hope that they have the courage to change the name from Catholic to Jesuit and dare the bishop to intervene. ENDA should not have an exemption for such foolishness, nor should the government if during the next SCOTUS term, sexual orientation is included is sex discrimination within the context of employment.

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