Catholic prep school in Massachusetts violated the state's anti-discrimination law. An all-girls school rescinded a job offer to a man in a same-sex marriage, a judge ruled.
In 2013, Matthew Barrett received a job offer as Fontbonne Academy's food services director. However, the offer was withdrawn days later after he wrote his husband's name as his emergency contact on his employment forms.
Matthew Barrett sued Milton school, alleging that the school discriminated against him based on gender and sexual orientation. Norfolk Superior Court Judge Douglas Wilkins agreed. The judge said in his decision, ""It is not forced to allow Barrett to dilute that message, where he will not be a teacher, minister or spokesman for Fontbonne and has not engaged in public advocacy of same-sex marriage." He then rejected Fontbonne's claim that hiring Barrett would infringe on its constitutional rights because it views his marriage to another man as insoluble with its religious mission and operation.
Boston Globe reported that on Dec. 16, Superior Court Judge Douglas Wilkins granted summary judgment to the plaintiff. "[The] legislature has defined 'employer' to exclude only those religious organizations that 'limit membership, enrollment, admission, or participation to members of that religion'," Wilkins wrote in his order (PDF). "Fontbonne is an 'employer' under this section, because it does not limit membership, enrollment, admission or participation to Catholics."
Judge Wilkins also discovered that a religious exemption to the state's anti-discrimination law applies only if a religious organization limits admission to people of a certain religion. Meanwhile, Fontbonne is open to employees and students of all faiths, with the exception of its theology faculty and administration.
While a hearing has not yet been scheduled, Ben Klein of Gay & Lesbian Advocates and Defenders, who is Barrett's attorney, said that the judge has found out that Fontbonne is liable to pay damages to Barrett for lost wages and compensatory damages for discrimination.
Neither Fontbonne's attorney John Bagley nor the school itself responded to several requests for comment.
