Montrose Christian v. Walsh

• Decision Date: 12 April 2001
• Docket Number: No. 147, No. 144
• Citation: 363 Md. 565,770 A.2d 111
• Parties: MONTROSE CHRISTIAN SCHOOL CORPORATION, et al. v. Sharon M. WALSH. Montrose Christian School Corporation, et al. v. Barbara Anne Carver, et al.
• Court: Maryland Court of Appeals

770 A.2d 111

363 Md. 565

MONTROSE CHRISTIAN SCHOOL CORPORATION, et al. v. Sharon M. WALSH.

Montrose Christian School Corporation, et al. v. Barbara Anne Carver, et al.

Nos. 144, 147, Sept. Term, 1999.

Court of Appeals of Maryland.

April 12, 2001.

Craig L. Parshall, Fredericksburg, VA, David Pasti, Rockville, all on brief, for petitioners/cross-respondents in No. 144.

Arthur B. Spitzer, American Civil Liberties Union of the Nat. Capital Area (Elizabeth M. Boyle, on brief), Washington, DC. Judson P. Garrett, Jr., Principal Counsel for Opinions and Advice (Charles W. Thompson, Jr., County Atty., and Karen L. Federman Henry, Principal Counsel for Appeals, on brief), Rockville, for respondents/cross-petitioners in No. 144.

Gary Howard Simpson, Bethesda, on brief of MD Employment Lawyers Ass'n and Metropolitan Washington Employment Lawyers Ass'n, amici curiae, filed on behalf of appellants in No. 144.

John L. Cooley (VSB No. 25962) (pro hac vice), Wooten & Hart, P.C., Roanoke, VA, on brief of Ass'n of Christian Schools Intern., amicus curiae, filed on behalf of appellants in No. 144.

Mark N. Troobnick (DC Bar No. 420263) (pro hac vice), Colby M. May (DC Bar No. 394340), Washington, DC, (American Center for Law and Justice); Jay Alan Sekulow, Virginia Beach, VA (American Center for Law and Justice); Nicholas Miller, Executive Director, Rockville, MD (Council on Religious Freedom), on brief amici curiae of American Center for Law and Justice and Council on Religious Freedom in support of appellants in No. 144.

Paul D. Raschke, Alan A. Abramowitz, Robert H. Burrow, Bouland & Brush, LLC, Baltimore, on brief of amicus curiae Gen. Conference of Seventh Day Adventists filed on behalf of appellants in No. 144.

Craig L. Parshall, Fredericksburg, VA (pro hac vice), David Pasti, Rockville, all on brief, for appellants in No. 147.

Steven M. Schneebaum (Michael T. Wood and Vincente L. Martinez, Patton Boggs, LLP, all on brief), Washington, DC. Judson P. Garrett, Jr., Principal Counsel for Opinions and Advice (Charles W. Thompson, Jr., County Atty., and Karen L. Federman Henry, Principal Counsel for Appeals, all on brief), Rockville, for appellees in No. 147.

Glendora C. Hughes, Gen. Counsel, Elizabeth Colette, Asst. Gen. Counsel, MD Com'n on Human Relations, Baltimore, on brief of amicus curiae State of MD Com'n on Human Relations filed on behalf of appellees in No. 147.

Argued before BELL, C.J., ELDRIDGE, RODOWSKY¹, RAKER, WILNER, CATHELL and HARRELL, JJ. ELDRIDGE, Judge.

Chapter 27 of the Montgomery County Code contains a comprehensive statutory scheme aimed at eliminating discrimination in the County in the areas of employment, housing, and public accommodation. Section 27-2 of the County Code creates the Montgomery County Human Relations Commission and provides for its jurisdiction. The County's general anti-discrimination policies, as well as the administration and duties of the Commission, are set out in §§ 27-1 through 27-7B. The remainder of Chapter 27 is divided into four parts, namely, discrimination in places of public accommodation (§§ 27-8 through 27-10), discrimination in real estate (§§ 27-11 through 27-16C), discrimination in employment (§§ 27-17 through 27-26), and intimidation (§§ 27-26A through H).

The two cases before this Court concern the third division, employment discrimination. Section 27-17 declares that it is Montgomery County's public policy "to foster equal employment opportunity for all without regard to race, color, religious creed, ancestry, national origin, sex, marital status, age, handicap, or sexual orientation and strictly in accord with their individual merits as human beings." Thus, § 27-19 provides in relevant part as follows (emphasis added):

"Section 27-19. Unlawful Employment Practices.

(a) It shall be an unlawful employment practice to do any of the following acts because of the race, color, religious creed, ancestry, national origin, age, sex, marital status, handicap, or sexual orientation of any individual or because of any reason that would not have been asserted but for the race, color, religious creed, ancestry, national origin, age, sex, marital status, handicap, or sexual orientation of the individual:

(1) For an employer:

(a) To fail or refuse to hire or fail to accept the services of or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment.

* * *

(d) Notwithstanding any other provision of this division, it shall not be an unlawful employment practice:

* * *

(2) For a religious corporation, association or society to hire and employ employees of a particular religion to perform purely religious functions." (Emphasis added).

* * *

The State Legislature, in Maryland Code (1957, 1998 Repl.Vol.), Art. 49B, § 42, has authorized a circuit court civil action for damages or other relief by "a person who is subjected to an act of discrimination prohibited by the [Montgomery] county code...." The present cases were brought pursuant to Art. 49B, § 42.² The plaintiffs in these cases were employees of Montrose Christian School, and they claimed that they were terminated by the school's principal on the basis of their religious creed in violation of the County's employment discrimination law. The issues before us concern the monetary liability of the school and the principal under Art. 49B, § 42, and § 27-19 of the County Code.

I.

This opinion encompasses two cases; consequently, we shall set forth the facts and procedural history of each case separately.

A. No. 147, Montrose Christian School, et al. v. Carver

Montrose Christian School Corporation is a private, religious school affiliated with the Montrose Baptist Church in Montgomery County, Maryland. The school and the church operate on the same grounds for which only one sign, "Montrose Baptist Church," is displayed. The school provides education to children from kindergarten through twelfth grade. Enrollment is not limited to students whose families are members of the church or to students who are Baptist. The majority of students attending the school are not members of the church. Students belonging to a variety of religions and denominations attend the school.

According to the school's Articles of Incorporation and Bylaws, the Church Board of Deacons elects the School Board, all of whom are required to be members of the Church. The Pastor of the Church is an "ex officio" member of the School Board and is the supervisor of the school's principal. The Bylaws provide that the "Principal shall carry out the administration of the school under the direction of the Pastor."

Pastor Ray Hope became the new Pastor of the Church in February 1996. In June 1996, the school promoted defendant Gregory Scheck, formerly vice principal, to principal of the school. Changes in administrative policy at the school followed the change in pastors. All employees of the school who were not members of the Montrose Baptist Church, with the exception of two janitors, were discharged from employment.

The plaintiff Barbara Anne Carver began working for the school as a teacher's aide in 1990. At the time she was hired, the school knew that she was not a member of the church and was not a Baptist. Carver's position required her to perform tasks such as copying, typing, grading papers, and generally assisting school staff and teachers in administrative ways. Carver is not a certified teacher, does not have a teaching degree, and has never been employed as a teacher. Carver was fired by the defendant Scheck in June 1996.

Carver filed a charge of employment discrimination with the Montgomery County Human Relations Commission, and more than 45 days passed without resolution of the charge. Carver then filed a complaint in the Circuit Court for Montgomery County against the school and Scheck alleging employment discrimination and seeking both damages and injunctive relief. Specifically, Carver alleged that the defendants fired her for the sole reason that she was not a member of the church and that firing her for that reason violated § 27-19 of the Montgomery County Code which prohibits employers from discriminating against employees on the basis of their religious creed.

In response, the defendants contended that their action fell within the exceptions to the employment discrimination law and, further, that they were immune from liability under the doctrine of charitable immunity.³ The defendants also asserted that the application of Montgomery County's employment discrimination law to the school and Scheck violated the Free Exercise and Establishment Clauses of the First Amendment to the United States Constitution, the guarantee of freedom of association under the First Amendment, and Article 36 of the Maryland Declaration of Rights. Moreover, the defendants argued that the County's law was preempted because the local law impermissibly conflicts with state law prohibiting employment discrimination. See Maryland Code (1957, 1998 Repl.Vol.), Art. 49B, § 18. Montgomery County intervened in the lawsuit for the purpose of defending the local law on constitutional and preemption grounds.

The Circuit Court resolved the action for damages in Carver's favor following a hearing on cross-motions for summary judgment based on stipulated facts. The court held that the defendants had engaged in an unlawful employment practice in violation of § 27-19 of the Montgomery County Code when they terminated Carver's employment because of her religious creed. The court determined that none of the statutory exceptions in § 27-19 applied to the defendants' conduct. The court further held that Montgomery County's employment discrimination law does not impermissibly conflict with state law. The Circuit Court also held that the application of § 27-19 to the defendants did not violate the First Amendment or the Maryland Constitution. Finally, the court ruled...