The Indianapolis Catholic high school controversies explained

Over the course of about a year, several Indianapolis Catholic high schools have been embroiled in similar controversies. 

In June, Cathedral High School and Brebeuf Jesuit Preparatory School made major decisions involving staff members in same-sex marriages after the Archdiocese of Indianapolis instructed schools under its purview to include a requirement for employees to uphold church teachings in employment contracts.

Brebeuf refused to fire educator Layton Payne-Elliott, who is in a same-sex marriage, and the archdiocese cut ties with the institution. At Cathedral, the administration fired teacher Joshua Payne-Elliott, who is married to Layton Payne-Elliott, to avoid the same fate.

Cathedral fired a gay teacher. Brebeuf protected one.They are married to each other, lawyer says

In August 2018, Roncalli High School garnered attention for its handling of a staff member in a gay marriage.

Here is what happened at each of the three schools:

What happened at Cathedral?

The Indianapolis high school announced in late June it was firing teacher Joshua Payne-Elliott because he is in a public same-sex marriage, in order to prevent a split from the Archdiocese of Indianapolis. The school has since reached a confidential settlement with Payne-Elliott, and he is also suing the archdiocese, claiming the organization illegally interfered with his contractual agreement with the school.

The decision was announced in a letter on the school website from Matt Cohoat, Cathedral board chairman, and president Rob Bridges. In the letter, the pair stated that the archdiocese is clear on the matter and that not firing the teacher “would result in forfeiting our Catholic identity due to our employment of an individual living in contradiction to Catholic teaching on marriage.”

Cathedral High School has been in talks with the archdiocese for nearly two years about the issue, archdiocese officials said. Cathedral is affiliated with The Brothers of the Holy Cross, but has a strong affiliation with the archdiocese. The letter states that the school would no longer be able to have diocesan priests serve, offer sacrament and would lose its nonprofit status.

The archdiocese released a statement on the matter, reinforcing its instruction to schools to convey and support the teachings of the Catholic Church. The statement said the decision is not about sexual orientation but rather that Catholic school staff members, or "ministers of the faith," are expected to follow the Church's teachings, including the beliefs on marriage.

"If and when a minister of the faith is publicly not doing so, the Church calls us to help the individual strive to live a life in accordance with the Catholic teaching," the statement said. "Over the years, we've walked with individuals and schools on many other issues that contradict Church teachings. Many individuals have chosen this accompaniment, and a few have not. In such a case, it is very difficult to part ways, but we readily honor the person's dignity and decision."

What happened at Brebeuf?

In 2017, Brebeuf Jesuit Preparatory School learned that one of its teachers, Layton Payne-Elliott, entered a civil marriage with a person of the same sex, which was shared on social media. Brebeuf, which is a private college preparatory school on the north side of Indianapolis, is sponsored by the USA Midwest Province of the Society of Jesus.

The school had been fighting with the archdiocese over whether to fire the employee. In late June, Brebeuf refused to fire the teacher, and the archdiocese announced it would cut ties with the school.

Brian G. Paulson, provincial for the Midwest Jesuits, called the decision "disappointing" and said they will appeal the decision. He added that the Archdiocese said they will allow Jesuit priests to hold leadership positions and they can continue to celebrate Mass at the school.

Jesuits explained:Brebeuf Jesuit Indianapolis controversy: What are Jesuits?

What happened at Roncalli?

Shelley Fitzgerald, who was a guidance counselor at Roncalli High School, was placed on administrative leave in August 2018 and banned from campus after she said someone tracked down her marriage license in Hancock County and showed it to school officials. The license revealed she married a woman in 2014.

Officials at Roncalli High School, which is located near I-65 and Thompson Road on the city's south side, said employee contracts and job descriptions make clear that all employees in and out of school must support the teachings of the Catholic church, which includes the belief that marriage is between a man and woman. Fitzgerald said she was told to either dissolve her marriage or lose her job.

Archbishop Charles C. Thompson posted an open letter on the Archdiocese of Indianapolis website stating that marriage is a union between a man and woman that leads to a family dynamic where children learn "values and virtues" to help them grow.

Students at Roncalli rallied around Fitzgerald after the matter became public, and called on Thompson to change the policy that could lead to Fitzgerald's firing. Many students wore rainbow apparel and items in support, and some said school principal Chuck Weisenbach banned rainbow items. But the principal said the ban was rainbow "Pride Day" posters that he said went beyond the scope of supporting Fitzgerald.

In September, Fitzgerald appeared on the "Ellen" show. In October, Fitzgerald, her family and about two dozens supporters gathered outside of the Saints Peter and Paul Cathedral to protest how the Catholic church treats its LGBT members.

Since then, Fitzgerald has filed two discrimination charges against the school and the Archdiocese of Indianapolis. The Archdiocese has argued there is no basis for discrimination as Fitzgerald knowingly breached her contract.

What does the archdiocese say?

Since the lawsuit was filed, the archdiocese has argued it should be allowed to determine appropriate conduct for employees. 

"Religious liberty, which is a hallmark of the U.S. Constitution and has been tested in the U.S. Supreme Court, acknowledges that religious organizations may define what conduct is not acceptable and contrary to the teachings of its religion, for its school leaders, guidance counselors, teachers and other ministers of the faith," the archdiocese said.

Previously, the archdiocese released a statement that said all Catholic schools under its purview should enforce contracts and be supportive of the teachings of the Catholic Church.

“To effectively bear witness to Christ, whether they teach religion or not, all ministers in their professional and private lives must convey and be supportive of Catholic Church teaching,” the archdiocese said in a statement sent last week in response to the Brebeuf situation.

Archbishop: Indianapolis Archdiocese is not on a 'witch hunt' for gay teachers

What do other Catholic schools say?

Bishop Chatard High School is the archdiocesan high school of the North Deanery of Indianapolis, and spokeswoman Kelly Lucas would only say that the school follows "the policies of Office of Catholic Schools of the Archdiocese of Indianapolis."

Calls to the other Catholic high schools that fall under the archdiocese were not immediately returned.

What does it mean to not be in the archdiocese?

Brebeuf does not receive any financial assistance from the archdiocese, and is an independent Catholic school sponsored by the Midwest Jesuits. An order of Catholic priests will continue to sponsor the school and send ministers, even though the archbishop's decree said Brebeuf can't call itself Catholic.

Brebeuf will no longer be listed in the official Catholic directory, and school officials won't be invited to meetings of other Catholic school administrators.

Brebeuf Jesuit is no longer part of the Indianapolis Archdiocese. What that means for the school.

Kellie Hwang is a reporter at IndyStar. Contact her at 317-444-6032 or kellie.hwang@indystar.com. Follow her on Twitter: @KellieHwang.

Call IndyStar education reporter Arika Herron at 317-201-5620 or email her at Arika.Herron@indystar.com. Follow her on Twitter: @ArikaHerron.