Exclusive: Ex-Bishop Verot Teacher Puts Ruling to the Test
By Mary Wozniak
[with pdf] [with pdf] [with pdf] [with pdf] [with pdf] [with pdf] [with pdf] A lawsuit filed by a former Bishop Verot Catholic High School teacher, saying he was fired almost a year ago for reporting claims a priest asked inappropriate sexual questions of female students, could wind up testing a recent landmark religious ruling by the U.S. Supreme Court. In the lawsuit, former theology teacher Chris Wilson says he blew the whistle on the Rev. Cory Mayer, claiming the priest asked at least five teenage girls during confessions held at school whether they had sex or masturbated. When one girl balked, saying it was none of the priest's business, Mayer reportedly said he would deny absolution for her sins unless she answered. The Diocese of Venice says Mayer did nothing wrong. Bishop Frank Dewane, head of the diocese, said in a letter to a church member who complained about Wilson's firing that some students felt "uncomfortable" with Mayer's questions, but none reported feeling anything "inappropriate" happened. The priest never was charged with a crime, and Wilson was fired for what the diocese called "unprofessional behavior." "Mr. Wilson is a disgruntled former employee who was fired from Bishop Verot High School after demonstrating a history of unprofessional behavior which was officially documented," Billy Atwell, diocese spokesman, wrote in emailed answers to questions from The News-Press. "After not being selected to be principal of the school, his frustration with school administration rose to the point that he yelled and screamed at the principal in front of other faculty and within earshot and view of students — totally unprofessional behavior." Atwell declined to provide official documentation of the allegations against Wilson. "As a matter of policy, the Diocese and its schools do not release the contents of a personnel file so to protect the privacy of the individual," he wrote. Requests by The News-Press to interview Dewane and Mayer were denied. Court ruling What's the real story? Legally, the truth may not matter. Wilson, a Catholic, filed the lawsuit in the 20th Judicial Circuit Court in Lee County, seeking more than $15,000 in damages from the high school, Dewane and the diocese. The lawsuit was dismissed because of a legal concept called "ministerial exception," upheld by the U.S. Supreme Court for the first time in a landmark decision in January. Wilson appealed. The concept says, in effect, a religious institution can fire who it wants if it considers the employee's work to be "ministerial," and civil laws against discrimination don't apply. The court did not provide parameters for what a ministerial employee is in all cases, only the one on which it ruled. The unanimous decision is being called one of the most significant religious rulings in decades, with far-reaching effects on employees of all religious entities. It's unclear who will fall under the ruling and who will not, so it's unclear who has the right to sue and who does not. The court left that to be determined on a case-by-case basis. The Supreme Court case, Hosanna-Tabor vs. EEOC, involved Cheryl Perich, a teacher at a Lutheran school in Redford, Mich. She wanted to return to work after being on extended leave for medical reasons, but swas told the school had filled her spot and was advised to resign. When she threatened to sue under the Americans with Disabilities Act, she was fired. Perich fell under ministerial exception in this case and didn't have a right to sue, the court ruled, because she had been promoted by the church congregation from a lay teacher to a "called" teacher and the school considered her a minister. "The Court, however, does not adopt a rigid formula for deciding when an employee qualifies as a minister. Here, it is enough to conclude that the exception covers Perich, given all the circumstances of her employment," the decision said. Wilson's argument The U.S. Conference of Catholic Bishops applauded the Supreme Court decision as a victory for the First Amendment and separation of church and state. But ministerial exception has nothing to do with his client's case, said Wilson's attorney, Sheldon D. Stevens of Winter Park. The lawsuit is about breach of contract, he said. "This court determined without any factual basis or hearing that Mr. Wilson as a theology teacher is a minister of the church," Stevens said. The dismissal of the initial case means Wilson can't sue because religious organizations have protection under the First Amendment, he said. "It means a lay person when dealing with the church does not have the same protections that other individuals do, and churches can go ahead and discriminate all they want." Wilson had not been granted power to perform any priestly or clerical duties, Stevens said. Neither was Wilson a diocesan employee. "The issue for us is whether or not when a teacher who is compelled to report inappropriate conduct by statute can be fired when he is not a cleric," Stevens said. However, the diocese response to Wilson's appeal says the case falls under ministerial exception because Wilson's claims involve questions of internal church discipline. Besides primary duties as a theology teacher, Wilson's duties included "to evangelize the Good News of the Gospels"; "to give full and loyal support to the diocesan and local school administration and its policies"; and "to refrain from any notion which would reflect discredit on the Roman Catholic Church or be detrimental to its religious doctrines and tenets." "Sounds like a case that shows the real dangers of the U.S. Supreme Court's ruling sanctioning discrimination by removing employees from needed protections," said David Hudson, a critic of the decision. Hudson is a scholar with the First Amendment Center, a nonpartisan forum for the study of First Amendment issues. "It is a damn shame that teachers don't have the protections of anti-discrimination laws simply because they work for a religious employer!!!" Hudson wrote in an email. "I just didn't like that decision and I'm afraid how broadly it will be interpreted," Hudson said in a subsequent interview. Wilson said he knows his career as an employee of Catholic institutions is over. "The bishop and hierarchy can't do anything to me anymore," he said. "I can't be silent of what I know was true." He said he has not worked since his firing and takes care of his daughters, ages 6 and 3. He also wants to make other employees of religious institutions aware of the risks of taking action if they suspect wrongdoing. "No one will ever come forward again," he said. "Who is protecting our kids?"
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