Indianapolis Archdiocese cites First Amendment in effort to dismiss gay teacher's lawsuit

The Archdiocese of Indianapolis is arguing that a gay former Cathedral High School teacher's lawsuit against the archdiocese is barred by the First Amendment to the U.S. Constitution.

In an effort to dismiss the lawsuit filed by Joshua Payne-Elliott in July, the archdiocese claimed in court documents that the First Amendment prohibits a secular court from interfering in internal church matters.

"This case strikes at the heart of the First Amendment’s protections for separation of church and state," the archdiocese said in its Wednesday court filing.

The archdiocese is making a case that it can set whatever rules it wants for its schools and employees, like that they must live according to Catholic church doctrine. It began requiring a morality clause in teacher, administrator and counselor contracts at some of its schools four years ago, and at all Catholic schools two years ago.

Lawyer: 'The archdiocese interfered'

In his lawsuit, in which he claims the archdiocese illegally interfered with his contractual and employment relationship with Cathedral High School, causing Cathedral to terminate him, Payne-Elliott argues that he never signed a contract with that morality clause. His lawyer, Kathleen DeLaney, said Payne-Elliott never signed a contract with the archdiocese at all.

"There was no contract between Mr. Payne-Elliott and the archdiocese," DeLaney told IndyStar Wednesday evening. "The archdiocese interfered in Mr. Payne-Elliott's employment relationship with Cathedral High School. That's what this case is about."

Payne-Elliott is one of two former Catholic school employees currently suing the archdiocese after being fired because of their same-sex marriages, which the archdiocese says violate church teachings.

The background:Cathedral fired a gay teacher. Brebeuf didn't. They're married.

His husband, Layton Payne-Elliott, is a teacher at Brebeuf Jesuit Preparatory School. They married in 2017 and have been at the center of a fight between their schools and the Catholic Church, which directed the schools to fire both men.

Brebeuf refused to fire Layton Payne-Elliott, so the archdiocese stripped the school of its Catholic status. Days later, Cathedral fired Joshua Payne-Elliott to avoid the same fate.

Brebeuf is appealing the archdiocese's decision to no longer recognize the school as Catholic.

In his lawsuit against the archdiocese, Joshua Payne-Elliott says he has suffered lost wages, lost employer-provided benefits, emotional distress and damage to his reputation as a result of the archdiocese's interference.

Cathedral High School is not named in the lawsuit. Joshua Payne-Elliott reached a confidential settlement with the school in July.

The Archdiocese of Indianapolis did not immediately respond to an emailed request for comment.

Other lawsuits

Lynn Starkey, a former Roncalli High School guidance counselor who says she was fired because of her same-sex marriage, filed a federal lawsuit against Roncalli and the archdiocese in July. She is also represented by DeLaney.

Another former Roncalli guidance counselor has said she also intends to sue the school and archdiocese for discrimination, among other charges. Shelly Fitzgerald was fired after it was made public last year that she had been married to a woman since 2014. Fitzgerald's lawyer, David Page, said they're in the process of drafting her lawsuit.

One year later:Shelly Fitzgerald looks back on year of change, activism

Andrew Clark is a reporter for IndyStar. Call him at 317-444-6484 or email him at andrew.clark@indystar.com. Follow him on Twitter @Clarky_Tweets.