Home
/
RELIGION & LIBERTY ONLINE
/
Catholic hospital can’t fire doctor for violating morality: Court
Catholic hospital can’t fire doctor for violating morality: Court
Jan 30, 2026 9:25 AM

The Roman Catholic Church cannot hold its employees accountable if they break their contractual obligation to live by the Church’s teachings, a German court has ruled. In an Orwellian twist, the court ruled that firing a baptized Catholic from a Catholic institution for violating Catholic teachings constitutes religious discrimination.

Germany’s Federal Labor Court (the Bundesarbeitsgericht) decided on Wednesday that St. Vinzenz Hospital in Düsseldorf impermissibly fired a doctor who got divorced and remarried.

The nonprofit hospital, which is under the supervision of the archdiocese of Cologne, contractually requires all Catholic managers to uphold the church’s moral doctrines. The Roman Catholic Church teaches that “indissolubility” is “essential to marriage,” and divorced people may not receive Holy Communion.

The head of the hospital’s internal medicine department, who is referred to only as “JQ,” signed the contract. In 2008, he divorced a woman he had married in a Roman Catholic ceremony and did not seek an annulment before marrying a different woman in a civil ceremony later the same year. The hospital cited his contract when it fired him in 2009.

JQ sued (see I Cor. 6:5-6), arguing in court that, since the hospital’s non-Catholic employees are not contractually bound to follow Catholic morality, he’s being held to an unequal standard. He specifically cited Protestants parable positions who had remarried without repercussion.

A lower court sided with him in 2011, but the Constitutional Court (the German equivalent of the Supreme Court) overturned that ruling in 2014.

The final court for labor disputes, the Federal Labor Court, asked the European Court of Justice if the plied with EU law.

The ECJ ruled that the firing JQ may “constitute unlawful discrimination on grounds of religion,” albeit “hidden discrimination.”

The hospital’s case was undermined, in part, because its religious requirement “differs according to the faith or lack of faith” or an employee. Ironically, had the church imposed its morality on its non-Catholic or non-Christian employees it may have prevailed on that point – although doing so is plainly worse religious discrimination than anything JQ alleges.

The ECJ added that a religious institution may only impose an occupational requirement touching religion or morality if it is “genuine, legitimate, and justified in the light of the ethos of the church or organisation concerned.” However, in its opinion, “adherence to the notion of marriage advocated by the Catholic Church does not appear to be necessary for the promotion of [the hospital’s Catholic] ethos,” an ECJ press release explained.

The ECJ sent the case back to the German Federal Labor Court, which issued the final decision against the hospital.

The court ruling is concerning on multiple fronts – but to understand this properly, it’s important to separate the government from the underlying issue.

From a consumer’s perspective, we do not care about a doctor’s private life or faith; we just want to see the most qualified person. Imposing unrelated demands on an employee is counterproductive. An excellent ministry offers the highest quality service and, if that is performed by a non-Catholic, that doubles as a lesson in religious tolerance.

However, churches or religious orders create nonprofit healthcare facilities as an extension, an incarnation, of their beliefs. The same faith that teaches Catholics that marriage is indissoluble impels them to engage in corporeal acts of mercy. Those who do not wish to abide by a religious nonprofit’s moral strictures are pelled to associate themselves with its ministry. And consumers will reward institutions that hire based on performance rather than ideological orthodoxy. The market can sort this out far more efficiently than the courts.

That said, this ruling is troubling for four reasons.

First, the ECJ ruled that determining whether requiring adherence to a specific Christian teaching is necessary to preserve an institution’s religious character “is a matter to be determined by the national courts.” But granting courts this authority establishes secular judges as the final arbiters of church doctrine. State officials, rather than ecclesiastical authorities, determine which church teachings are vital to a denomination, overruling that church’s self-definition.

Second, the case establishes a curious and novel definition of “religious discrimination.” Heretofore, courts penalized an employer who tried to prevent someone from following his religion’s teachings. The ECJ punished the Catholic Church for trying to uphold its religious teachings in one of its own institutions. European officials have invented a new inalienable right for the impious to flout the doctrines of their faith, invert its morality, and redefine their church’s teachings in their own image.

Third, the case seems to hold that a behavior permitted to any employee must be permitted to all employees. If a Protestant (who can divorce and remarry without violating his religion) can remarry, so can a Catholic (who cannot). Would that principle give a Catholic physician the right to marry a child bride, since Germany’s Federal Court of Justice recently ruled the government must recognize such unions for Muslim migrants? The ECJ’s ruling implies that, since moral standards about marriage do not directly relate to one’s job duties, a head physician legally married to a minor would in no way undermine the hospital’s Catholic “ethos.”

Finally, given the U.S. Supreme Court’s penchant for translational jurisprudence, this ruling may soon e more important for Americans than we care to imagine.

Potter. This photo has been cropped. CC BY 2.0.)

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
What You Should Know About the Contraceptive Mandate Decision
This morning the U.S. Supreme Court issued a ruling on the Health and Human Services (HHS) contraceptive mandate (see here for an explainer article on the case). The Court ruled (5-4) that that employers with religious objections can opt out of providing contraception coverage under the Affordable Care Act. Here are six points you should know from the majority opinion written by Justice Samuel Alito: 1.The “Hobby Lobby” decision is really a collection of three separate lawsuits. Although the focus...
Video: Rev. Sirico on Pope Francis and the Mafia
Earlier today, Rev. Robert Sirico spoke with Fox News’ Lauren Green on ‘Spirited Debate’ about Pope Francis’ decision to municate members of the Italian mafia. From Heard on Fox: “Italy has e increasingly more secular and that has impacted the secularity of the mafia – they don’t have the kind of dramatic religious ties that they might have had at one time … the stuff of which movies portray,” said Sirico. He added, “they [the mob] have an appearance of...
From Steadfast Conservatives to the Faith and Family Left: Highlights from Pew Research’s Political Typology Survey
In discussions of political issues, the American public is too often described in a binary format: Left/Right, Republican/Democrat, Red State/Blue State. But a new survey by the Pew Research Center takes a more granular look at our current political typology by sorting voters into cohesive groups based on their attitudes and values: Partisan polarization – the vast and growing gap between Republicans and Democrats – is a defining feature of politics today. But beyond the ideological wings, which make up...
Finding Meaning in Blue-Collar Work
Over at the Patheos Faith and Work Channel, Larry Saunders shares about his journey from pastor to grocery-store clerk to blue-collar factory worker to current MBA student in search of a white-collar job, offering deep and personal reflections on faith, work, and meaning along the way. When he became a United Methodist pastor, Saunders enjoyed certain aspects of what he calls the “white collar work of ministry,” finding “a strong correlation between my personal sense of vocation and my gifts.”...
Calvin Coolidge’s warning against an entrenched bureaucracy
As we read about the increase of scandal, mismanagement, and corruption within our federal agencies, it is essential once again to revisit the words of Calvin Coolidge. Recent actions at the IRS, Veterans Administration, and the ATF gunwalking scandal all point to systemic problems e from an entrenched bureaucracy. As more and more of the responsibilities of civil society is passed over to centralized powers in Washington, federal agencies have exploded with power and control, leading to greater opportunities for...
A Cultural Case for Capitalism: Part 11 of 12 — The Challenges
[Part 1 is here.] Economic freedom does generate certain challenges. The wealth that free economies are so effective at creating brings with it temptation. Wealth can tempt us to depend on our riches rather than on God. The temptation can be resisted, as we see with wealthy biblical characters like Abraham and Job. But it’s a challenge the church should be mindful of, helping its members cultivate a balanced view of money and of our responsibility and opportunities as stewards...
Key Quotes from the Hobby Lobby Decision
Supreme Court Justice Samuel Alito wrote the majority (5-4) opinion in Burwell v. Hobby Lobby. The decision was decided in large part because it aligns with the Religious Freedom Restoration Act, a law that passed the U.S. Senate 97-3 and was signed by President Bill Clinton in 1993. The law is intended to prevent burdens to a person’s free exercise of religion. At the time, it had wide ranging bipartisan support and was introduced in the House by current U.S....
Using Drones for Good
Drones, or unmanned aerial vehicles (UAVs), have been a prominent and controversial topic in the news of late. Today, the Washington-based Stimson Center released its mendations and Report on US Drone Policy. The think tank, which assembled a bipartisan panel of former military and intelligence officials for the 81-page report, concluded that “UAVSs should be neither glorified nor demonized. It is important to take a realistic view of UAVs, recognizing both their continuities with more traditional military technologies and the...
Justice Alito: ‘For-Profit’ Businesses Pursue More Than Material Gain
In a 5-4 decision, the Supreme Court just announced its ruling in favor of Hobby Lobby, holding that, “as applied to closely held corporations, the government’s HHS regulations imposing the contraceptive mandate violate the Religious Freedom Restoration Act of 1993 (RFRA).” The full opinion, written by Justice Samuel Alito, can be read here. Although there is still much to digest, and although the majority opinion still leaves quite a bit of room for related battles to continue, it’s worth noting...
Video: Rev. Sirico on Hobby Lobby Ruling
Earlier today, Rev. Sirico spoke with WSJ Live’s Mary Kissel about the contraceptive mandate ruling, religion’s place in the public square, and the historical context of the Supreme Court’s decision. Watch below: ...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved