Although the contract states that “The Teacher will also lead her/his class children in prayer at least two (2) times per school day” and forbids the teaching, advocating, encouraging, or counseling of any beliefs or practices against Church teaching, LaBanca disagreed that he was a minister.
LaBanca told the New York Times that he did not consider himself to be a minister at the school, and that he did not sign a similar contract for his job as music director at a parish.
“I would say that’s a strong label for what I do,” he told the New York Times. “I would never have labeled myself a minister. And at school I was Mr. Matt, or Mr. Matthew, I was never called a minister.”
He explained to the New York Times that his sexuality was never a secret at either job.
“I respect that some people in the community may not understand or may not be able to see beyond what their catechism or their culture or their parochial mind-set may have informed them about this issue,” said LaBanca. “I was respectful in that regard, but people knew I was gay.”
In July 2020, the Supreme Court ruled in a 7-2 decision that Catholic school teachers fall under the “ministerial exception” and are not subject to anti-discrimination laws.
"The religious education and formation of students is the very reason for the existence of most private religious schools, and therefore the selection and supervision of the teachers upon whom the schools rely to do this work lie at the core of their mission," wrote Justice Samuel Alito for the majority decision in Our Lady of Guadalupe School v. Morrissey-Berru.
"Judicial review of the way in which religious schools discharge those responsibilities would undermine the independence of religious institutions in a way that the First Amendment does not tolerate,” he said.
Christine Rousselle is a former DC Correspondent for Catholic News Agency. Prior to working at CNA, she was the managing web editor of Townhall.com; she has a BA in political science from Providence College.