Expulsion of Catholic Elementary School Students Covered By Ecclesiastical Abstention Doctrine

Religion Clause ^ | 7/9/20 | Howard Friedman

[marshmallow]

In Doe v. Archdiocese of Galveston- Houston, (TX App., July 7, 2020), a Texas state appellate court affirmed the dismissal on ecclesiastical abstention grounds of a suit against a Catholic elementary school claiming breach of contract, violations of the Texas Deceptive Trade Practices Act, fraud, intentional infliction of emotional distress, tortious interference, and conspiracy. The school claimed that one of plaintiffs' sons, Bob, was seriously misbehaving, including hitting and kicking classmates. Bob's parents in turn suspected that Bob's teacher was bullying and verbally abusing Bob. The parents hid a recording device on Bob to determine what was going on. When the school discovered this, they expelled both of plaintiffs' sons. The court said in part:

Jane and Peter ... contend that their children were expelled for reasons that have nothing to do with religion, i.e., not because the children “did not want to attend mass, say their prayers, or genuflect when entering the Church.” Rather, they argue that Bob’s misbehavior and their advocacy on his behalf were secular in nature and therefore, their causes of action do not require a review or interpretation of the teachings of the Catholic church.

[PGR88]

The parents were looking to make some money, somehow, from the school, using their misbehaving child as bait.

[EdgeOfDarkness]

Courts got this one right! All behavior is fair to evaluate in complying with the moral standards of the school. Parents don’t like it-go to another school. Don’t try to force the church to conform to your ideas of morality. Find a church/school that affirms your children’s behavior (public schools if you believe in gender fluid, amoral, indoctrination based learning; or private schools if you have other beliefs).