Fitzgerald's lawyer told the 7th U.S. Circuit Court of Appeals that, as a counselor, she didn't provide spiritual guidance to students but rather helped them get into college."If the school really did expect them to provide spiritual support, it would provide them with religious training like it did with teachers," said Gabriela Hybel with Americans United for Separation of Church and State, which is representing Fitzgerald.
Joseph Davis, representing Roncalli High School, said the case looks very similar to one decided last year by the same court about a. The 7th Circuit sided with the school in that case."Issues of sexual orientation and the church's teachings on these matters are within the bailiwick of the things that could come in front of a guidance counselor," said Davis, with the Becket Fund for Religious Liberty.
Davis countered that counselors are different because of the work they perform. Fitzgerald's contract and job description, the school argued, also made clear that part of her job was to pass on the Catholic faith. But Hybel argued that boilerplate language in a contract can't be more important than what an employee actually does at work. And in this case, Hybel said, Fitzgerald's work was secular.
Here's one of our previous stories about the firing at Roncalli:
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