The case of a former Roncalli High School counselor who is suing the school for discrimination will head back to federal court.
Lynn Starkey worked for the Southside Catholic school for 40 years until the school chose not to renew her contract in 2019. Starkey is married to a woman, and was put on leave months after another Roncalli counselor, Shelly Fitzgerald, was also put on leave due to her same-sex marriage.
With Starkey’s lawsuit heading to federal court, the school appealed March 25 to have the case, which was set to go to trial in August, dismissed by throwing out all of Starkey’s claims.
The U.S. Court of Appeals for the Seventh Circuit dismissed the appeal on Oct. 1, except for a retaliation claim under Title IX of the Education Amendments Act. With that decision, Roncalli and the Archdiocese of Indianapolis filed another appeal, which was dismissed Thursday, according to court documents.
The Court of Appeals dismissed Roncalli’s appeal because there are still factual disputes remaining in the case and dismissing the case would be premature, court documents show.
As is the case with Fitzgerald, the Archdiocese of Indianapolis views Starkey’s marriage as something that is fundamentally against the teachings of the Catholic Church, Archdiocese spokesperson Greg Otolski said after Starkey’s contract was not renewed.
“Ms. Starkey is currently in breach of her contract with Roncalli High School,” Otolski said in an email in 2019. “She is in a civil union that is considered ‘contrary to a valid marriage as seen through the eyes of the Catholic Church.’”
Kathleen DeLaney, of Indianapolis-based law firm DeLaney and DeLaney LLC, celebrated the decision.
“We have taken the position throughout the appellate proceedings that the appeal was premature and should never have been filed,” DeLaney said in a news release. “We look forward to preparing the case for trial.”
Though the legal process has been lengthy, Starkey is looking forward to having her case heard, Starkey said in the news release.
“I am encouraged by the court’s ruling. Although it has been a long process, my resolve in the pursuit of justice remains as strong as it did at the start,” Starkey said.
Roncalli has filed a motion for summary judgement based on ministerial exceptions, arguing it bars the claims DeLaney and DeLaney has made. If the judge in the case sides with Roncalli, it would affect some or most of the claims, said Christopher Stake, associate attorney for DeLaney and DeLaney.
A trial date will not be scheduled until a ruling is reached on the motion, he said.
