Religion teacher fired from school job for divorcing and remarrying... and the court agreed
The courts back the dismissal of the teacher after they lost the Diocese’s permission for not complying with the Catholic doctrine on marriage.
The Supreme Court has upheld the dismissal of a religion teacher who lost their job after divorcing and remarrying in a civil ceremony. The court ruled that the termination was lawful because the Diocese withdrew its trust on exclusively religious grounds. The teacher had taught religion at several public schools since 1984 and was employed by the regional education authority.
The dispute began in September 2010, when diocesan officials informed him that the bishop had withdrawn his trust. According to the facts established in the judgment, the Church offered them the possibility of keeping their post if they obtained an ecclesiastical annulment of the first marriage. The teacher agreed and even received communion from the bishop several months later. However, the ecclesiastical court ultimately rejected the annulment request, and they chose not to appeal the decision.
In July 2011, after a second meeting, the Diocese withdrew the certificate required to authorise them to teach Catholic doctrine on the Church’s behalf. After receiving the notification, the education authority asked the Diocese to explain the reasons for the decision, saying it wanted to safeguard the teacher’s rights. Months later, the Diocese replied that the measure had been taken to “avoid scandal” and to “protect the sensitivities of parents and students”, arguing that the teacher’s new marital situation was incompatible with Catholic moral teaching.
The teacher remained in the classroom for one more school year, but after being removed from the employment lists, the administration ultimately terminated their contract in August 2013. Although a court in León initially declared the dismissal null and void and ordered a reinstatement, the High Court of Justice of Castile and León overturned that ruling and sided with the authorities. The case then reached the Supreme Court through an appeal filed by the teacher, who argued that they had been discriminated against and that their private life had been unlawfully scrutinised.
The Social Chamber rejected the appeal. It held that courts are only required to verify that the withdrawal of an ecclesiastical permit is based on strictly religious or moral grounds. The judges found that the Diocese had applied religious suitability criteria and had not used unlawful methods to investigate the teacher’s private life.
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