Bryce v. Episcopal Church in Diocese of Colorado

• Decision Date: 15 November 2000
• Docket Number: No. CIV. A. 00-WY-1216-C.,CIV. A. 00-WY-1216-C.
• Citation: 121 F.Supp.2d 1327
• Parties: Lee Ann BRYCE and the Reverend Sara D. Smith, Plaintiffs, v. EPISCOPAL CHURCH IN THE DIOCESE OF COLORADO, Saint Aidan's Episcopal Church, the Right Reverend William Jerry Winterrowd, in his official capacity and as an individual, the Reverend Tina Anderson, in her official capacity and as an individual, the Reverend Donald Henderson, in his official capacity and as an individual, the Reverend Neysa Ellgren, in her official capacity and as an individual, and Members of the Vestry of Saint Aidan's Episcopal Church, Karla Allen, Tracy Enholm, David Huff, Marti Ingram, Ed Kase, Margie Miller, Andy Morris, Bal Patterson, Virginia Patterson, Norm Pilgrim, Carol Rasmussen, Carol Stott, Mary Wilder, and Richard Wolniewice, in their official capacities and as individuals, Defendants.
• Court: U.S. District Court — District of Colorado

121 F.Supp.2d 1327

Lee Ann BRYCE and the Reverend Sara D. Smith, Plaintiffs, v. EPISCOPAL CHURCH IN THE DIOCESE OF COLORADO, Saint Aidan's Episcopal Church, the Right Reverend William Jerry Winterrowd, in his official capacity and as an individual, the Reverend Tina Anderson, in her official capacity and as an individual, the Reverend Donald Henderson, in his official capacity and as an individual, the Reverend Neysa Ellgren, in her official capacity and as an individual, and Members of the Vestry of Saint Aidan's Episcopal Church, Karla Allen, Tracy Enholm, David Huff, Marti Ingram, Ed Kase, Margie Miller, Andy Morris, Bal Patterson, Virginia Patterson, Norm Pilgrim, Carol Rasmussen, Carol Stott, Mary Wilder, and Richard Wolniewice, in their official capacities and as individuals, Defendants.

No. CIV. A. 00-WY-1216-C.

United States District Court, D. Colorado.

November 15, 2000.

COPYRIGHT MATERIAL OMITTED

Patricia S. Bangert, Powers & Phillips, PC, Denver, CO, for Plaintiff.

Samuel Martin Ventola, Rothgerber, Johnson & Lyons, LLP, Denver, L. Martin Nussbaum, Rothgerber, Appel, Powers & Johnson, Colorado Springs, CO, for Defendants.

ORDER

BRIMMER, District Judge.

Plaintiffs bring this action against Defendants for alleged civil rights violations under 42 U.S.C. §§ 2000e, 1985(3), and 1986. The matter is presently before the Court on Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction. For reasons stated herein, this motion is converted to one for summary judgment and is disposed of pursuant to Fed. R.Civ.P. 56. After reading the briefs, hearing oral arguments, and being fully advised of the premises, the Court FINDS and ORDERS as follows:

Statement of Parties and Jurisdiction

Plaintiffs are both residents of the State of Colorado. Defendants Episcopal Church in the Diocese of Colorado ("Diocese") and Saint Aidan's Episcopal Church ("St. Aidan's") are non-profit, religious corporations located in Colorado. All other Defendants, at all times relevant to this action, are residents of the State of Colorado. Plaintiffs assert this Court's jurisdiction under 28 U.S.C. § 1331, 42 U.S.C. § 2000e-5(f)(3), and 42 U.S.C. §§ 1985 and 1986.

Background

The following facts are undisputed unless otherwise indicated:

Defendant St. Aidan's is a parish within the Diocese of Colorado. At all times relevant to this action, St. Aidan's was headed by Defendant Reverend Henderson, the Rector of the Church. The Rector is assisted in the administration of the parish by a body known as the "Vestry." The highest official of the Diocese is Defendant Bishop Winterrowd.

The Diocese has declared that youth ministry is one of its three main priorities. In accordance with the Diocese's position, St. Aidan's began to focus its efforts on enhancing its own youth ministry. Defendant Wilder headed St. Aidan's Youth Commission and created a Youth Minister Proposal ("Proposal"). Emphasizing the importance of a youth ministry, the Proposal declared:

Youth are some of the most important people in the church. They are not only the church's future, they are its present. In our Fall Gatherings ... one theme that consistently arose as being central to our mission and one of our greatest needs was a strong and healthy program for youth. Parents have echoed this concern for years and we have a difficult time as a parish attracting and keeping families with children because of the lack of focus on youth in this parish. This issue directly affects our health as a parish, our growth according to the Great Commission, and our ability to carry out our Baptismal Covenant.

....

... [W]e, the church, must support parental and school efforts and to remind [the youth] of what needs to be central to their lives — JESUS as Lord of their lives.

We, the church, can give our youth this identity as children of God.

....

... But, what we need to accomplish our mission is a part-time paid Youth Minister.

(Defs.' Br. in Supp. of Mot. to Dismiss Ex. 9; Youth Minister Proposal at 1-2.) The Proposal further stated that the "Youth Minister will direct a program aimed at implementing the mission statement of the Youth Commission." (Id. at 2.) "That program will claim Jesus as Lord ... and ... will seek to incorporate fellowship, education service and worship." (Id.) The Proposal described the duties of the Youth Minister to include: attending all Youth Commission meetings, and "working ... as a liaison with other ... ministries within the church to further the goals of the youth program." (Id.) St. Aidan's did not require that the Youth Minister be a member of the Episcopal Church, but did require that the Youth Minister have "[a] belief that Jesus is Lord and an ability to share that with youth in a constructive and non-oppressive manner." (Id.) The Proposal also required that the Youth Minister possess administrative and planning skills.

In June 1997, upon submission of the Proposal, St. Aidan's created a part-time paid position of Youth Minister. Plaintiff Bryce interviewed for the position in July 1997. In applying for the position, Plaintiff Bryce represented that she had "[o]ver 10 years experience in church leadership" (Pls.' Resp. to Defs.' Mot. to Dismiss Ex. H; Bryce Resume) and that she "felt pulled to combine [her] love of young people with [her] program development skills ... in the church setting which has meant so much to [her] life." (Defs.' Br. in Supp. of Mot. to Dismiss Ex. 14; Aidan Comfort,¹ Sept. 1997.) Plaintiff Bryce represented to the Youth Commission that she was called and gifted by God to minister to youth. (Defs.' Br. in Supp. of Mot. to Dismiss Ex. 2; Ellgren Aff. ¶ 3.) After interviewing Plaintiff Bryce, the Youth Commission was satisfied that she had a true Christian faith and the requisite administrative and planning skills. St. Aidan's thereafter offered the Youth Minister position to Plaintiff Bryce and she accepted the offer.

In August 1997, Plaintiff Bryce met with Defendant Wilder to discuss logistical aspects of the new Youth Minister position. Plaintiff Bryce set office hours whereby she would be "available for meetings with youth, parishioners, staff, etc." (Pls.' Resp. to Defs.' Mot. to Dismiss Ex. L; Meeting Notes ¶ 1.) Plaintiff Bryce also agreed to attend the monthly meetings of the Youth Board. An initial "kick off" and a meeting with parents were planned so Plaintiff Bryce could "gain [parent's] input in developing the youth ministry." (Id.) Plaintiff Bryce also agreed to encourage the youth and their families to attend upcoming retreats and youth conventions. Finally, the meeting outlined plans for some recreational activities.

Plaintiff Bryce began working for St. Aidan's as the Youth Minister on September 1, 1997. While working for St. Aidan's Plaintiff Bryce was never a member of, nor ordained in the Episcopal Church. In September 1997, Plaintiff Bryce was the subject of a newsletter which quoted her as saying "[t]hroughout my secular career, I have found tremendous joy in my part-time employment as music and choir director in Texas and Arizona churches" and "I am excited about the possibility of ministering to youth in the Boulder Episcopalian community." (Aidan Comfort, Sept. 1997.)

In December 1997, Plaintiff Bryce and St. Aidan's youth group joined St. Aidan's Choir in "A Festival of Lessons and Carols" in which the youth group performed scripture readings. (Pls.' Resp. to Defs.' Mot. to Dismiss Ex. N at 3.) Plaintiff Bryce engaged in various other activities with the youth, including leading the youth in representing St. Aidan's in a march to benefit hunger as well as movie nights, miniature golf and other recreational and service activities. Plaintiff Bryce described some of these events:

The highlight [of the month] was our first youth mission trip to Navajoland ... [where] our youth ... represented our parish and our Lord so beautifully.

(Pls.' Resp. to Defs.' Mot. to Dismiss Ex. N; Aidan Comfort, March 1998); and

In April [1998] we began our current project of visiting other churches, some with traditions similar to ours and others whose worship experience is quite different from our own.

(Id.) Plaintiff Bryce admits that one of her functions as Youth Minister was to "build community" with the youth of the parish and that she acted as a "liaison" between the youth and other parish ministries and activities. (Defs.' Br. in Supp. of Mot. to Dismiss Ex. 8; Bryce Dep. at 51, 118.) She also acknowledges that it was her job to "[lead] the kids to the church door" and introduce them to the church and its activities. (Pls.' Resp. to Defs.' Mot. to Dismiss at 24.)

In August 1998, Plaintiff Bryce received a performance appraisal in which Defendant Henderson commented that Bryce was "[i]nspirational to youth and loves youth; ministers to parents as well as youth." (Pls.' Resp. to Defs.' Mot. to Dismiss Ex. K; Perf. Appraisal.) In the same appraisal, Defendant Henderson commented that one area in which Bryce needed further development was "expand[ing] outreach to other parish youth." (Id.)

In September 1998, Plaintiff Bryce began combining the youth's activities with the regularly scheduled parish meetings: "Middle schoolers will meet weekly on Sunday mornings for 10:00 Eucharist" and "High schoolers will meet monthly for 5:00 Eucharist." (Pls.' Resp. to Defs.' Mot. to Dismiss Ex. N; Aidan Comfort, Sept. 1998.) In her 1998 annual report, Plaintiff Bryce commented on the past year's activities and concluded that 1998 had been a "blessed year for the youth," saying:

For the first time, middle school youth from St. Aidan's were a part of the contingent to Navajoland .... Our kids worked hard all week — rising early to cook, then preparing for evening Christian education activities, and concluding each day interacting with Navajo people in evening worship.

This past October marked the first Youth Sunday, which will be held on a quarterly basis. Youth participated in many aspects of...