Diocese of Harrisburg claims unwed, pregnant teacher wants court to invade religious autonomy of the church

The doctrine states in part the employee does not engage in unchaste behavior or procreation outside the marriage and that includes cohabitation.

• John Beauge/PennLive
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  Williamsport native John Beauge obtained a bachelor’s degree in journalism from Penn State and a master’s from Northwestern University. He was photo editor of the Daily Collegian his senior year at Penn State. He worked for the Williamsport Sun-Gazette from 1963 to 1983, rising to the position of city editor. He has been a correspondent for the Harrisburg Patriot-News since 1983.

(Sunbury) — The Roman Catholic Diocese of Harrisburg claims a fired, unwed, pregnant teacher wants a court to uses the coercive powers of the state to invade the religious autonomy of the church.

That contention is contained in a brief filed Friday in Northumberland County court opposing Naiad Reich’s motion for an injunction that would reinstate her as a teacher at a Catholic school.

She was fired verbally Nov. 30 and later formally by letter for violating the Catholic policy that states an employee respects the dignity of marriage doctrine on human sexuality.

The doctrine states in part the employee does not engage in unchaste behavior or procreation outside the marriage and that includes cohabitation.

Reich, who taught English at Our Lady of Lourdes Regional School in Coal Twp. near Shamokin, is single, pregnant and has no immediate plans to marry the father of her child, with whom she is living.

During the March 29 hearing on the injunction motion, school principal Sister Mary Anne Bednar testified Reich likely would not have been fired if she would have agreed to get married.

Judge Hugh Jones deferred a decision on an injunction until the parties had the opportunity to file briefs in support of their positions.

The diocese claims Reich seeks to have the court substitute its own judgment for that of church officials on matters of religious doctrine and discipline.

Reich breached a written contract “in violation of the most essential and religiously-sensitive obligations of a teacher” in a Catholic school, it argues.

Her conduct was in clear defiance of the teachings and doctrines of the church and of the policies of her employer,” it claims.

Reich’s reinstatement would force the school to violate its religious beliefs, be disruptive to the learning environment and interfere with its ability to integrate religious truth and values in the classroom, the diocese says.

The church believes schools are the principal means for transmitting the Catholic faith to a new generation of Catholics, it says.

Courts repeatedly have recognized Catholic schools exist for a religious mission to which everything in the operation of the school is subordinate, the diocese argues.

Reich’s suit, in which Bednar and Bishop Ronald W. Gainer also defendants, claims firing a female, qualified teacher employed in a non-ministerial capacity is discrimination under the federal Civil Rights Act

The church says the policy is applied equally to male and female employees.

Another defense argument against an injunction is Reich, at Gainer’s direction, is being paid her $27,775 salary through the end of the school year and has health coverage through July 31. The baby is due in June.

It further points out there was no guarantee Reich’s contract would be renewed.

The injunction request is part of a suit Reich filed in which she seeks unspecified damages against the diocese and the other defendants.

 

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