Powell v. Stafford

• Decision Date: 08 August 1994
• Docket Number: Civ. A. No. 93-B-2240.
• Parties: Dennis POWELL, Plaintiff, v. J. Francis STAFFORD, Archbishop, the Archdiocese of Denver, a corporation sole, Defendant.
• Court: U.S. District Court — District of Colorado

859 F. Supp. 1343

Dennis POWELL, Plaintiff, v. J. Francis STAFFORD, Archbishop, the Archdiocese of Denver, a corporation sole, Defendant.

Civ. A. No. 93-B-2240.

United States District Court, D. Colorado.

August 8, 1994.

Daniel F. Lynch, Daniel F. Lynch, P.C., Denver, CO, for plaintiff.

Laura Ann Wing, Samuel M. Ventola, Rothgerber, Appel, Powers & Johnson, Denver, CO, for defendant.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Defendant J. Francis Stafford, Archbishop, the Archdiocese of Denver, a corporation sole (the Archdiocese), moves pursuant to Fed. R.Civ.P. 12(c) to dismiss plaintiff Dennis Powell's (Powell) complaint or, in the alternative, for summary judgment. Because the parties present materials outside the pleadings to support their positions, the Archdiocese's Rule 12(c) motion is treated as one for summary judgment under Fed.R.Civ.P. 56. The motion is fully briefed and orally argued. Jurisdiction rests upon 28 U.S.C. § 1331. For all the reasons set forth below, the Archdiocese's motion for summary judgment will be granted.

I.

This is an employment discrimination case brought under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. (ADEA). Powell was employed by the Archdiocese as a Roman Catholic theology teacher at Machebeuf Catholic High School (Machebeuf). Machebeuf does not exist as an entity separate from the Archdiocese. He alleges that the Archdiocese failed to renew his employment contract in violation of the ADEA. The ADEA makes it unlawful for an employer "to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age ..." 29 U.S.C. § 623(a)(1).

The Archdiocese moves for summary judgment on the ground that it is not subject to the ADEA. Alternatively, the Archdiocese argues that the ADEA's application in this case violates the Free Exercise and Establishment Clauses of the First Amendment to the United States Constitution. It also contends that the newly enacted Religious Freedom Restoration Act of 1993, 42 U.S.C. §§ 2000bb et seq., bars Powell's claim.

II.

Summary judgment shall be granted if the pleadings, depositions, answers to interrogatories, admissions, or affidavits show that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). The nonmoving party has the burden of showing that there are issues of material fact to be determined. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). A party seeking summary judgment bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the pleadings, depositions, interrogatories, and admissions on file together with affidavits if any, which it believes demonstrate the absence of genuine issues for trial. Celotex, 477 U.S. at 323, 106 S.Ct. at 2552; Mares v. ConAgra Poultry Co., Inc., 971 F.2d 492, 494 (10th Cir.1992). Once a properly supported summary judgment motion is made, the opposing party may not rest on the allegations contained in his complaint, but must respond with specific facts showing the existence of a genuine factual issue to be tried. Otteson v. U.S., 622 F.2d 516, 519 (10th Cir.1980); Fed. R.Civ.P. 56(e).

III.

This case turns on whether the ADEA can constitutionally be applied to the undisputed facts. It illustrates the tension between our Constitutional principles of freedom of religion and the national goal of eradicating age discrimination. The Archdiocese argues that the ADEA's enforcement here impermissibly infringes on its First Amendment religious freedoms. For purposes of this motion only, I assume that the Archdiocese is not otherwise exempt from the ADEA provisions.

I hold that the ADEA's application under the undisputed facts of this case would violate the Free Exercise and Establishment Clauses of the First Amendment. Accordingly, Powell's ADEA claim cannot stand as a matter of law.

The facts, with disputes resolved in Powell's favor, are as follows. As Machebeuf's Roman Catholic theology teacher, Powell was responsible for the instruction of Catholic high school students in Roman Catholic doctrine. He taught no other courses. Powell defines the teaching of theology as "the study of God as we know God and believe who God is". Powell often held his classes in Machebeuf's chapel because prayer was a component of his theology class. Before his employment at Machebeuf, Powell had been an ordained Catholic priest and attended the Maryknoll Seminary. However, in 1973, Powell petitioned for relief from his priestly vows. His petition was granted and he was "laicized" by release from his priestly vows becoming once again a layman.

Powell was first employed to teach Roman Catholic theology at Machebeuf in 1980. His teaching contract was renewed annually for thirteen years, but he was not offered a teaching contract during the 1993-94 school year. Powell alleges that his employment was discontinued because of his age.

In their briefs, the parties dispute whether Powell's experience as a priest gave him superior qualifications. This dispute, however, does not preclude summary judgment. Indeed, it bolsters my conclusion that the ADEA's enforcement in this case violates the Archdiocese's First Amendment religious freedoms. To resolve judicially Powell's qualifications stemming from his priesthood would result in "excessive entanglement" with religion. See, e.g., Rayburn v. General Conference of Seventh-day Adventists, 772 F.2d 1164, 1169 (4th Cir.1985), cert. denied, 478 U.S. 1020, 106 S.Ct. 3333, 92 L.Ed.2d 739 (1986).

IV.

The free exercise clause of the First Amendment prohibits the government's interference with the practice of religion while the establishment clause prevents government support of and entanglement with religion. Houston v. Mile High Adventist Academy, 846 F.Supp. 1449, 1454-55 (D.Colo. 1994). Application of the ADEA here contravenes both prohibitions.

A.

Powell seeks a judgment requiring the Archdiocese to hire him to teach Roman Catholic theology. Alternatively, he seeks damages. See Complaint's "Prayer for Relief". Such relief would substantially burden and interfere with the Archdiocese's Free Exercise rights under the Constitution. See, e.g., Minker v. Baltimore Annual Conference of United Methodist Church, 894 F.2d 1354, 1357 (D.C.Cir.1990); See also Maguire v. Marquette University, 627 F.Supp. 1499, 1505 (E.D.Wis.1986), aff'd in part and vacated in part on other grounds, 814 F.2d 1213 (7th Cir.1987) (ordering the University theology department to hire plaintiff violates the free exercise clause and impermissibly entangles government with religion). While there are no Tenth Circuit decisions addressing the issue before me, numerous other courts have considered the spectrum of factual scenarios in ADEA cases involving religious-affiliated organizations. The overriding theme is that the more pervasively religious the institution, the less religious the employee's role need be to risk First Amendment infringement. Weissman v. Congregation Shaare Emeth, 839 F.Supp. 680, 684 (E.D.Mo.1993). Conversely, the less religious an organization, the more religious an employee's role need be to risk First Amendment infringement. Id. In this case, Powell does not challenge Machebeuf's religious affiliation. And, significantly he does not contest that his teaching role was primarily religious in nature. He taught Roman Catholic theology exclusively and even held some of his classes in Machebeuf's chapel so that his students could pray as part of his class. There is no genuine dispute that Powell's duties were pervasively religious in nature.

Courts have consistently held that the ADEA does not apply in cases involving employees performing primarily religious functions. See, e.g., Scharon v. St. Luke's Episcopal Presbyterian Hospitals, 929 F.2d 360 (8th Cir.1991) (hospital chaplain); Weissman, 839 F.Supp. 680 (E.D.Mo.1993) (temple administrator); Minker, 894 F.2d 1354 (minister); Cochran v. St. Louis Preparatory Seminary, 717 F.Supp. 1413 (E.D.Mo.1989) (seminary faculty member). Here, the distinction between ADEA claims brought by an employee holding a secular position with an institution religious in nature and one with pervasively religious duties performed for a Catholic school is dispositive. The First Amendment precludes judicial resolution of employment decisions involving ministerial employees. Welter v. Seton Hall University, 128 N.J. 279, 608 A.2d 206, 214 (1992).

The Supreme Court also recognized this distinction in National Labor Relations Board v. Catholic Bishop, 440 U.S. 490, 505-07, 99 S.Ct. 1313, 1321-22, 59 L.Ed.2d 533 (1979). The Court exempted church-operated schools from the National Labor Relation Act despite clear legislative history that nonprofit hospitals were covered by the Act. Id. Similarly, in rejecting a minister's ADEA claim against his church on First Amendment grounds, the court, in Minker v. Baltimore Annual Conference of United Methodist Church, held that "whose voice speaks for the church is per se a religious matter". Minker, 894 F.2d at 1356-57. The court could not conceive of an area of inquiry less suited to secular judicial decision. Id. at 1357.

To support his argument that the ADEA's application here does not violate the First Amendment, Powell relies exclusively on cases in which the ADEA was held applicable to employees not charged with ministerial functions or involving defendants which were not religious organizations. See Lukaszewski v. Nazareth Hosp., 764 F.Supp. 57 (E.D.Pa.1991) (director of plant operations); Stouch v. Brothers of Order of Hermits of St. Augustine, 836 F.Supp. 1134 (E.D.Pa.1993) (chef); Geary v. Visitation of Blessed Virgin Mary Parish School, 7 F.3d 324 (...