Superior Court Margaret Deweese-Boyd v. Gordon Coll.
| Decision Date | 02 April 2020 |
| Docket Number | Docket: 1777CV01367 |
| Parties | SUPERIOR COURT MARGARET DEWEESE-BOYD v. GORDON COLLEGE & OTHERS |
| Court | Massachusetts Superior Court |
Present: /s/Jeffrey T. Karp Associate Justice, Superior Court
County: ESSEX, ss.
Keywords: MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON THE FIRST AMENDMENT MINISTERIAL EXCEPTION (PAPER NO. 33) AND PLAINTIFF'S CROSS-MOTION ON THE FIRST AMENDMENT MINISTERIAL EXCEPTION (PAPER NO. 33.2)
The "ministerial exception" is an affirmative defense grounded in the Religious Clauses of the First Amendment that precludes government interference with employment relationships between religious institutions and their ministerial employees.
Before the Court are cross-motions for summary judgment which ask the Court to determine whether the ministerial exception applies in this case to prohibit employment discrimination and other claims brought by a former professor of social-work against her former employer, a religious liberal arts college.
More specifically, plaintiff Margaret DeWeese-Boyd ("DeWeese-Boyd") claims defendants Gordon College ("Gordon" or "College"), its president, D. Michael Lindsay ("Lindsay"), and its provost, Janel Curry ("Curry") (collectively, "Gordon Defendants") discriminated against her after she vocally and publicly opposed Gordon College's alleged discriminatory policies relating to "LGBTQ+ individuals" by denying her application for promotion to full professor in February 2017, despite she received the unanimous recommendation of the Faculty Senate. See Complaint And Jury Demand (Paper No. 1) ("Complaint"), ¶1.
In the Complaint, DeWeese-Boyd asserts claims against the Gordon Defendants for retaliation in violation of G.L. c. 151B, § 9 (Count I); associational and gender discrimination in violation of G.L. c. 151B, § 4 (Count II); violation of the Massachusetts Civil Rights Act ("MCRA") at G.L. c. 12, §§ 11H and 111 (Count IV); breach of contract (Count VI); and, breach of the implied covenant of good faith and fair dealing (Count VII). In addition, DeWeese-Boyd asserts claims against Lindsay and Curry, individually, for aiding, abetting and interference with her civil rights in violation of G.L. c. 151B, § 4 (Count III), and tortious interference with contractual and/or advantageous relations (Count V).
On November 7, 2019, the parties were before the Court for a hearing on Defendants' Motion For Summary Judgment On The First Amendment Ministerial Exception (Paper No. 33) ("Defendants' Motion") and Plaintiffs Cross-Motion On The First Amendment Ministerial Exception (Paper No. 33.2) ("Plaintiff's Cross-Motion"). On summary judgment, the Gordon Defendants assert, and DeWeese-Boyd denies, that the ministerial exception applies to prohibit all of DeWeese-Boyd's claims.
For the reasons stated below, the Court concludes that, in the circumstances of this case, the ministerial exception does not apply. Therefore, Defendants' Motion is DENIED and Plaintiffs Cross-Motion is ALLOWED.
On August 2, 2018, the Court (Tabit, J.) issued a Memorandum and Order (Paper No. 17) bifurcating discovery so that the first phase of discovery pertained solely to the ministerial exception the Gordon Defendants raise as an affirmative defense. The parties brought the cross-motions for summary judgment now before the Court at the close of the first phase of discovery solely on the issue of whether the ministerial exception applies.
On November 6, 2019, this Court (i.e., the undersigned judge), sua sponte, struck the Consolidated Statement Of Undisputed Material Facts (Paper No. 33.5) because the parties failed to comply with Mass. Super. Ct. R. 9A(b)(5), and ordered the parties to file an amended statement of facts.2 See Order at Paper No. 34.
On December 6, 2019, the parties filed an Amended Consolidated Statement Of Undisputed Material Facts (Paper No. 36) ("Amended Statement Of Facts")3 and the following: (a) Amended Memorandum In Support Of Defendants' Motion For Summary Judgment On The First Amendment Ministerial Exception (Paper No. 37); (b) Defendants' Amended Opposition To Plaintiff's Cross-Motion For Summary Judgment On The First Amendment Ministerial Exception (Paper No. 38); (c) Plaintiff's Amended Opposition To Defendants' Motion For Summary Judgment And Plaintiffs Cross-Motion On The First Amendment Ministerial Exception And Memorandum In Support (Paper No. 39); and, (d) Plaintiffs Amended Reply Brief In Support Of Plaintiffs Cross-Motion On The First Amendment Ministerial Exception (Paper No. 40).
In resolving the pending cross-motions for summary judgment, the Court has relied on the oral arguments of counsel at the hearing, the parties' Joint Exhibits Appendix For Summary Judgment (Paper No. 33.6) ("J.A."), the Amended Statement Of Facts, and the aforementioned amended memoranda of law.4
The following facts are taken from the Amended Statement Of Facts and the summary judgment record.5
Founded in 1889, Gordon College is an evangelical Christian undergraduate and graduate college. Its campus is located in Wenham, Massachusetts. The campus has two chapels set aside for prayer and meditation. Religious art, Christian artifacts, and Bible verses are displayed, and Christian music is played, throughout the campus. The Commonwealth chartered Gordon to carry on the educational work begun in 1889 by the Reverend Gordon.6 According to its formal Mission Statement, "Gordon College strives to graduate men and women distinguished by intellectual maturity and Christian character, committed to lives of services and prepared for leadership worldwide." J.A., Ex. 1, Preamble, p. 3; Ex. 4, Section 1.3, p. 5.
Gordon filed Restated Articles Of Organization with the Commonwealth on June 24, 1988. The Restated Articles state Gordon was formed "to provide a college education in the liberal arts and sciences to qualified persons; to provide training for the professions; to provide instruction in the Bible and other subjects; [and,] to prepare men and women for the work of foreign and home missions, for the duties of the Christian ministry and other special forms of Christian work[.]" J.A., Ex. 2, p. 1.7
Similarly, Gordon's Bylaws, as amended on September 24, 2010, state, among other things, Gordon is "dedicated" to the following: "The historic, evangelical, biblical faith"; "[e]ducation, not indoctrination"; "[s]cholarship that is integrally Christian"; "[p]eople and programs that reflect the rich mosaic of the Body of Christ"; "[I]ife guided by the teaching of Christ and the empowerment of the Holy Spirit"; "[t]he maturation of students in all dimensions of life: body, mind, and spirit"; and, "[t]he application of biblical principles to transform society and culture." J.A., Ex. 1, p. 3. Gordon's Mission Statement8 reflects these purposes, stating, in part:
As an intentional Christian community, Gordon serves students from a wide range of backgrounds who embrace the College's broadly evangelical identity and desire an experience that combines an exceptional liberal arts education with an informed Christian faith.. .. Gordon also remains committed to the power of a liberal arts education to hone qualities most sought by employers—the ability to think holistically, reason analytically, communicate persuasively and—even more importantly—to act morally. Our primary responsibility is to prepare students for the long haul, to make them spiritually, intellectually, relationally and professionally ready for a lifetime of growth—from the first job out of college and beyond, into fields not yet existing . . . . Our mission is the foundation of all we do as we inspire the next generation toward faithful leadership for the common good.
In keeping with Gordon's mission, undergraduate student applicants must "have a profession of Christian faith . . . [and] they have to be able to talk about that [profession] in the admissions interview." J.A., Ex. 7, pp. 15-16. Further, all Gordon undergraduate students are required to complete the College's "Core Curriculum," which "explores the liberal arts and sciences from a Christian perspective." J.A., Ex. 9, p. 1 (emphasis added). The purpose of the Core Curriculum is to, among other things, "foster [k]nowledge of God's character as revealed in Scripture and understood in the Church." J.A., Ex. 9. Mandatory classes include Old Testament History, Literature and Theology; New Testament History, Literature and Theology; and, Christian Theology.9 J.A., Ex. 9. Gordon's curriculum also mandates "Christian Life and Worship" credits that students can fulfill by attending chapel services or other faith-based events on campus. J.A., Ex. 7, pp. 38-39.
The Gordon College Administrative/Faculty Handbook ("Faculty Handbook") refers to Gordon "[a]s a Christian community of learners." J.A., Ex. 4, p. 5. The Faculty Handbook also contains various provisions about Gordon's perceptions of the role of faculty members and its expectations about their approach to work at Gordon. For example, the Faculty Handbook states "Gordon College approaches its educational task from within the fixed reference points of biblical theism, which provides a coherent perspective on life and the world." J.A., Ex. 4, p. 6 (emphasis added). Further, the Faculty Handbook states Gordon's "community" is "challenged" to, among other things, assist its students to "[p]ursue truth as revealed by God in Christ, Scripture and Creation"; "[d]evelop a Christian worldview as a basis for both informed reflection and a reformation of culture"; "[b]egin a journey of lifelong, faith-directed learning"; "Nespect the heritage of the Church and serve the Body of Christ with commitment, fidelity, and self-sacrifice"; and, "[a]cquire a sense of vocation and calling before God[.]" J.A., Ex. 4, p. 6.
According to the Faculty Handbook, the foundations of Gordon's education philosophy are...
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