By Vicki Yamasaki
On Thursday, September 12, 2024, a judge dismissed the case filed by Father DeOreo against the Diocese of Lafayette, Indiana. The dismissal was based on the argument that the First Amendment protects the Church’s speech, making the court an inappropriate arbiter in this strictly ecclesiastical dispute.
The court filing stated:
“[T]he First Amendment prevents this Court from scrutinizing the possible interpretations of defendants’ statements and their purported reasons for uttering them; to conclude otherwise would effectively thrust this Court into the forbidden role of arbiter of a strictly ecclesiastical dispute over the suitability of a pastoral employee to perform her designated duties.”
While this outcome is disappointing, it may work in Father DeOreo’s favor. By explicitly stating this argument, the judge has provided clarity for the Court of Appeals to consider. Essentially, for the Lafayette Diocese to be correct in their stance, the courts would need to manipulate the First Amendment—an assertion that will be closely examined during the appeal process.
Father DeOreo remains committed to pursuing the appeal. If the Court of Appeals rules in his favor, the Diocese will have little ground left to support their defense.
Let us keep Father DeOreo and all involved in our prayers during this legal journey.