Bryce v. Episcopal Church in Diocese of Colorado

• Decision Date: 30 April 2002
• Docket Number: No. 00-1515.,00-1515.
• Citation: 289 F.3d 648
• Parties: Lee Ann BRYCE; Sara D. Smith, The Reverend, Plaintiffs-Appellants, 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-Appellees, The Association of Christian Schools International; Campus Crusade for Christ; The Christian Legal Society Center for Law and Religious Freedom; The Church of Jesus Christ of Latter-Day Saints; The Colorado Baptist General Convention; The Colorado Catholic Conference; The Colorado District Church of the Nazarene; The Colorado Muslim Society; The Colorado Task Force on Religious Freedom; The First Church of Christ, Scientist; The General Conference of Seventh-Day Adventists; The General Council on Finance and Administration of the United Methodist Church; The Islamic Society of Colorado Springs; Lutheran Church — Missouri Synod; Mid-America Union Conference of Seventh-Day Adventists; National Federation for Catholic Youth Ministry; The Navigators; New Life Church; The Net, Formerly The Colorado Springs Association of Evangelicals; Presbyterian Church (U.S.A.); The Pueblo Association of Evangelicals; The Rocky Mountain Conference of Seventh-Day Adventists; The Rocky Mountain Conference of the United Methodist Church; The Rocky Mountain Rabbinical Council; The Rocky Mountain Synod, Evangelical Lutheran Church of America; United States Catholic Conference; Young Life, Amici Curiae.
• Court: U.S. Court of Appeals — Tenth Circuit

289 F.3d 648

Lee Ann BRYCE; Sara D. Smith, The Reverend, Plaintiffs-Appellants, 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-Appellees,

The Association of Christian Schools International; Campus Crusade for Christ; The Christian Legal Society Center for Law and Religious Freedom; The Church of Jesus Christ of Latter-Day Saints; The Colorado Baptist General Convention; The Colorado Catholic Conference; The Colorado District Church of the Nazarene; The Colorado Muslim Society; The Colorado Task Force on Religious Freedom; The First Church of Christ, Scientist; The General Conference of Seventh-Day Adventists; The General Council on Finance and Administration of the United Methodist Church; The Islamic Society of Colorado Springs; Lutheran Church — Missouri Synod; Mid-America Union Conference of Seventh-Day Adventists; National Federation for Catholic Youth Ministry; The Navigators; New Life Church; The Net, Formerly The Colorado Springs Association of Evangelicals; Presbyterian Church (U.S.A.); The Pueblo Association of Evangelicals; The Rocky Mountain Conference of Seventh-Day Adventists; The Rocky Mountain Conference of the United Methodist Church; The Rocky Mountain Rabbinical Council; The Rocky Mountain Synod, Evangelical Lutheran Church of America; United States Catholic Conference; Young Life, Amici Curiae.

No. 00-1515.

United States Court of Appeals, Tenth Circuit.

April 30, 2002.

COPYRIGHT MATERIAL OMITTED

Patricia S. Bangert, Powers Phillips, P.C., Denver, CO, appearing for Appellants.

L. Martin Nussbaum (Samuel M. Ventola, with him on the brief), Colorado Springs, CO, appearing for Appellees.

Von G. Keetch and Alexander Dushku, Kirton & McConkie, Salt Lake City, UT, filed an amicus curiae brief in support of appellees Episcopal Church in the Diocese of Colorado, et al.

Before TACHA, Chief Judge, KELLY, and HARTZ, Circuit Judges.

TACHA, Chief Judge.

Plaintiffs Lee Ann Bryce and Reverend Sara Smith brought a sexual harassment suit against St. Aidan's Episcopal Church and others for remarks made about homosexuals and about the plaintiffs' homosexual activities. St. Aidan's Church asserts that the First Amendment bars plaintiffs' sexual harassment claims because the remarks were made as part of ecclesiastical discussions on church policy towards homosexuals. The district court agreed, granting summary judgment for the defendants.

The plaintiffs ask this court to insert itself into a theological discussion about the church's doctrine and policy towards homosexuals — one of the most important ongoing dialogues in many churches today. We decline to do so. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we AFFIRM.

I. Background

St. Aidan's Episcopal Church hired Lee Ann Bryce in 1997 to serve as its Youth Minister. Bryce was a Christian and had substantial experience in church leadership, though she was neither an ordained minister nor a member of the Episcopal Church. Bryce began working as St. Aidan's Youth Minister on September 1, 1997. Bryce led the youth group in a variety of activities, including weekly meetings, service projects, recreational activities, social events, visits to other churches, and prayer. In addition, Bryce served as an assistant music minister and as a liaison between the youth and other parish ministries.

On November 21, 1998, Bryce had a civil commitment ceremony with her partner and co-plaintiff Reverend Sara Smith at the First Congregational Church of Christ in Boulder, where Smith is an ordained minister. Smith is not associated with St. Aidan's or the Episcopal Church in any way.

In response to the commitment ceremony, co-defendants Reverend Donald Henderson, Reverend Neysa Ellgren, and Mary Wilder, a member of the Vestry and chair of St. Aidan's Youth Board, met with Bryce in January 1999. They informed her that she would be terminated as Youth Minister effective June 1999 because she was violating Episcopal doctrine, which teaches that people should be married and faithful or single and celibate. Defendant Henderson proposed that, after June 1999, Bryce take a position as Adult Christian Education Coordinator and Assistant Music Director until the end of 1999, after which she would be terminated by St. Aidan's.

Episcopal doctrine on homosexuality is articulated in the Lambeth Resolution, which is the result of a conference of bishops from the worldwide Anglican communions held every ten years in Lambeth, England. The 1998 Lambeth Resolution provides that "[t]his conference ... in view of the teaching of Scripture, upholds faithfulness in marriage between a man and a woman in lifelong union, and believes that abstinence is right for those who are not called to marriage." The resolution also "reject[s] homosexual practice as incompatible with Scripture, [but] calls on all our people to minister pastorally and sensitively to all irrespective of sexual orientation and to condemn irrational fear of homosexuals." The resolution further provides that the conference "cannot advise the legitimizing or blessing of same-sex unions, nor the ordination of those involved in such unions."

Rev. Henderson sent several letters and memoranda to the Vestry and other leaders of St. Aidan's to inform them of the situation. In a letter dated January 4, 1999, Rev. Henderson reported: "[Bryce] states that she is a lesbian and that she chooses to live in a sexual relationship with Rev. Sara Smith." He explained his proposal that Bryce change positions in June 1999 and end her employment at the end of 1999. He also warned that the situation could be divisive, and he asked recipients to read attached information packets. According to Bryce, these materials stated that homosexuality is a sin, that homosexuals are unfit to work with children, that homosexuals are promiscuous, that modern homosexual practices are part of demonic forms of idolatry, and that homosexuals suffer from loathsome diseases.

At a Vestry meeting on February 9, 1999, church leaders decided to host four parish meetings to inform the congregation about homosexuality and Bryce's employment situation. Bryce supported the idea of such a parish dialogue, though she objected to the format of the meetings. St. Aidan's chose to invite active members of the church, as well as some college students involved in an "Episcopalians on Campus" ministry. Callers invited church members by phone, following a script stating that the meetings were being held to discuss the Youth Minister being "in a relationship that is outside the core teaching of our church about marriage."

St. Aidan's invited about one-fourth of the parish's active members to each of the four meetings, which were held February 25-28, 1999. At the meetings, St. Aidan's distributed copies of the Lambeth Resolution and a handout. The handout stated that the Rev. Henderson was attempting to reach a compromise that would allow him to be faithful to the Bishop and the Lambeth Resolution, and also to serve the best interest of the youth, the Youth Minister, and St. Aidan's. The handout further stated that the meetings were intended to strengthen parish communications, that all remarks should be "as positive and affirming as possible," and that the parishioners should keep the discussions confidential. The meetings started with prayer. A professional facilitator then instructed the parishioners on respectful conversation. Rev. Henderson and Bryce each made a ten-minute opening statement, after which parishioners were allowed to ask questions and make comments. Rev. Henderson had suggested that Smith attend the meetings to provide support for Bryce, and she attended at Bryce's invitation.

The parish meetings addressed the issue of homosexuality and the church in general, as well as Bryce and Smith. The overwhelming majority of those who spoke at the meetings supported Bryce, but there were also a number of statements to which Bryce objected, including the following:

• "Lee Ann is living in a sexual relationship outside of Christian marriage."

• "When did you start having sex with Sara?"

• "Gay people are very nice, but it worries [me] why gay people want to work with children."

• "My husband and I were always worried about the paper boy coming in, and we always protected our children from him."

• "I am sorry that Lee Ann has chosen this lifestyle which precludes her from working with children."

• "Of course Father Don is right, we can't let these gay people come into the church and work with our children."

• "Homosexual people engaged in same sex relationships because heterosexual relationships were too difficult, it was too difficult to make a heterosexual marriage work...."

• One individual allegedly used the term "lesbian" with a derisive tone.

Bryce remained at St. Aidan's until June 1999, when she was terminated as Youth Minister and left the church.

Based on these statements, as well as statements that Rev. Henderson made in his letters and memoranda, Bryce and Smith claimed that they had been sexually harassed. Plaintiff Bryce alleged three causes of action: Title VII of the Civil Rights Act of 1964; 42 U.S.C. § 1985(3); and 42 U.S.C. § 1986. Plaintiff Smith brought claims only under 42 U.S.C. §§ 1985(3) and 1986.

The case was filed in the U.S. District Court for the District of...