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Gay Music Director Forced Out; Sues Archbishop

InTheLight

Well-Known Member
Site Supporter
A music director of a Catholic church in the Minneapolis area was asked to resign his position after the man married his longtime partner last weekend. The man is suing the archbishop for "aiding and abetting discrimination", saying he was fired not because he was gay but because he was married. According to the man's lawyer it is legal in Minnesota for churches to discriminate on sexual orientation, but not marital status. So he can be fired for being gay, but not for being married.

Does anyone else see the folly of this man's argument? If this case makes it to court (and it appears to be a money grab so I doubt it will) it will take the defense attorney all of 5 seconds to demolish his argument:

Attorney: "So, you are a man and you married another man. Is that correct?"

Plaintiff: "That is correct."

Attorney: "Are you gay?"

Case closed...

Also, according to the Catholic church guidelines the church has the ability to fire anyone that goes against their teachings.

So what is this guy attempting to accomplish?

Story here:
http://www.startribune.com/local/west/277285631.html
 
Last edited by a moderator:

TCassidy

Late-Administator Emeritus
Administrator
If this makes it to court without being settled the church/archbishop will lose. The legal doctrine of estoppel will come back to bite the church/archbishop. They knew the guy was gay and didn't fire him. After he married they fired him. That violates Minnesota civil rights law.
 

InTheLight

Well-Known Member
Site Supporter
If this makes it to court without being settled the church/archbishop will lose. The legal doctrine of estoppel will come back to bite the church/archbishop. They knew the guy was gay and didn't fire him. After he married they fired him. That violates Minnesota civil rights law.

I'm not sure the church knew he was gay before he got married. Stay tuned.
 

Walter

Well-Known Member
Site Supporter
Even if they knew he had an attraction to people of the same-sex, the fact that he had those desires wouldn't put him at odd with Church teaching. The Church teaches that homosexual desires are not in themselves sinful. People are subject to a wide variety of sinful desires over which they have little direct control, but these do not become sinful until a person acts upon them, either by acting out the desire or by encouraging the desire and deliberately engaging in fantasies about acting it out. People tempted by homosexual desires, like people tempted by improper heterosexual desires, are not sinning until they act upon those desires in some manner. This guy 'marrying' someone he has had as a partner for a long time removes all doubt as to what kind of relationship he has with this man. The Church removed him for good reason. He was absolutely violating Church teaching.
 

preachinjesus

Well-Known Member
Site Supporter
If this makes it to court without being settled the church/archbishop will lose. The legal doctrine of estoppel will come back to bite the church/archbishop. They knew the guy was gay and didn't fire him. After he married they fired him. That violates Minnesota civil rights law.

The parish will be, well should be, protected under religious exemptions built into most states' employment codes. Non-discrimination does not extend to specific agencies and employers who adhere to well known beliefs or doctrinal positions.

That said, this will be an important case to watch.
 

righteousdude2

Well-Known Member
Site Supporter
Where . . .

. . . Is Z-man when we need his input on subjects like these? Or, does he just come after me when I post these topics? I'd be interested to know if there is just an attempt by several members to discredit me?

Well . . . three questions is my maximum, so I'm out of here. BTW, this is interesting, smells like the archbishop did it in the library, with the silver lamp stand. :smilewinkgrin: Of course, my first guess was Col. Mustard!
 

InTheLight

Well-Known Member
Site Supporter
UPDATE:
Catholic music director will not sue archbishop. Jamie Moore, who was music director at St. Victoria Parish Catholic Church for more than 17 years before he quit at the request of church leaders, decided Friday not to pursue legal action against Archbishop John Nienstedt, according to his former lawyer.

“I think he was in a very good position to challenge the termination because of the reason that was given, and that was marital status,” Clayton Halunen said Sunday, explaining that Minnesota churches are allowed to discriminate based on sexual orientation but not on marital status.
 
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