Landmark SCOTUS ruling could impact Charlotte teacher’s discrimination lawsuit

CHARLOTTE — Back in 2014, Charlotte Catholic High School fired a substitute teacher over his marriage to another man. That decision has faced legal battles ever since.

Seven years later, a federal judge ruled the school wrongly fired that teacher. The Diocese of Charlotte is appealing that ruling and, as Channel 9’s Genevieve Curtis learned, they believe a recent U.S. Supreme Court ruling could work in their favor.

The case is being closely watched because of the major impacts on employment and anti-discrimination laws.

PREVIOUS COVERAGE:

• Charlotte diocese to appeal ruling that Catholic school wrongfully fired gay substitute
• Former Charlotte Catholic teacher says he was fired after same-sex marriage

Luke Largess has represented Lonnie Billard for seven years -- ever since Billard, a Charlotte Catholic substitute teacher, sued the school and diocese for sex discrimination after he was fired over his marriage to another man.

“He just wanted to be heard on that, that it just was not right,” Largess said.

Billard won his case when a federal judge said his civil rights were violated. The diocese appealed that ruling and its attorneys are preparing to argue the case in September before the Fourth Circuit Court of Appeals.

“If we succeed in this appeal, it will simply confirm what the law has been for decades and decades -- that religious schools are allowed to ask their teachers to embody their religious teachers,” said Luke Goodrich, an attorney for the diocese.

It will be one of the first tests of the recent Supreme Court ruling that allowed a website designer to choose not to create websites for same-sex couples over free speech concerns. Attorneys for the diocese believe that case further bolsters their argument that Billard was justly fired.

“If a for-profit business can choose which products and services it’s going to be selling for a profit to the general public, it’s way easier to say that a nonprofit Catholic school -- that the whole reason exists to pass on the Catholic faith to the younger generation -- is able to ask its teachers to embody the faith and uphold the faith,” Goodrich said. “It’s just common sense.”

Billard’s attorney argues the opposite. He said the Supreme Court addressed this very issue in the 303 Creative decision.

“They expressly said this does not apply to employment,” Largess said.

Largess said the outcome of this Charlotte case could have major implications for current civil rights and employment protections.

“Even if you are not a religious employee, they can fire you based on their disagreement with your views,” he said. “That would be a pretty big change in the law.”

Largess told Curtis that groups across the country have filed briefs with the court expressing their interests in the outcome, including at least 16 state attorneys general.

With oral arguments in September, attorneys said it could be the end of the year or early 2024 before a ruling comes down. And after that, either side could appeal the ruling, which could end up going to the Supreme Court.

(PREVIOUS: Judge expected to rule on Charlotte Catholic Diocese lawsuit)

Judge expected to rule on Charlotte Catholic Diocese lawsuit Judge expected to rule on Charlotte Catholic Diocese lawsuit

©2023 Cox Media Group