This is a long email, but I hope you’ll take a moment to read it. AU client Shelly Fitzgerald’s story is one of blatant and remorseless anti-LGBTQ discrimination by a religious employer. Especially during Pride Month, stories like Shelly’s need to be heard, shared, and acted on.
If this kind of discrimination makes you as mad as it makes me, you can help AU fight back by donating to support our legal & advocacy work here: [link removed]
Shelly Fitzgerald was a loved and trusted guidance counselor for 15 years at her alma mater, Roncalli High School, a private Catholic school in Indiana. Shelly and her wife, Victoria, have been together for over 25 years and married since 2014, when marriage for same-sex couples was legalized in their state.
In 2018, Shelly’s life took an abrupt turn. It started when she was called into a meeting with her school’s principal and president. They presented her with a copy of her marriage license and said her marriage was contrary to the teachings of the Catholic church.
There, on the spot, Shelly was given four options:
1. Resign her position
2. Keep quiet and leave at the expiration of her one-year contract
3. Be fired immediately
4. Dissolve her marriage with Victoria
Could you imagine if your employer of 15 years suggested dissolving your marriage in order to keep your job?
Shelly refused to do any such thing, and she refused to resign.
Within days, the school placed her on administrative leave, banned her from campus, and issued a press release announcing that Shelly was “living in a civil marriage that is not valid in the eyes of the Church.” She was told in the spring of 2019 that her contract would not be renewed.
But that’s not all: Roncalli and the archdiocese also retaliated against Shelly by targeting her father, who had been volunteering at the school for over 26 years. After publicly supporting his daughter, the school told him he was no longer welcome as a volunteer.
Shelly filed a federal lawsuit against Roncalli for violating her civil rights. AU joined Shelly’s legal team to fight for Shelly’s fundamental rights and to stop religious employers from discriminating against people based on who they love.
In response to Shelly’s lawsuit, the school and archdiocese are insisting that they have a free pass to discriminate. Among other arguments, they are relying on a legal doctrine—the “ministerial exception”— that we are seeing religious organizations attempt to use to justify blatant discrimination.
Despite that Shelly was a guidance counselor, and had no significant religious duties, they want to be able to treat her as a minister and avoid all responsibility for violating her civil rights. That is factually and legally wrong.
Americans United is now lending our full legal muscle and expertise to defend Shelly’s civil rights. Together, we’re fighting back against employment discrimination based on religion. Employees should never face discrimination because of who they love.
We rely on individual members like you to make everything we do possible, and we’re up against well-funded opponents. Please consider supporting our anti-discrimination work this Pride Month with a donation of $50 or any other amount: [link removed]
Thank you for reading this, and thanks for being part of our movement to ensure that religious freedom is a shield to protect us all, and not a sword to harm others.
To read more about Shelly’s case and follow any future developments, click here: [link removed]
In solidarity,
Rachel K. Laser
President and CEO
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Americans United for Separation of Church and State
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