Home
/
RELIGION & LIBERTY ONLINE
/
Catholic hospital can’t fire doctor for violating morality: Court
Catholic hospital can’t fire doctor for violating morality: Court
Dec 23, 2025 10:20 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
Stewardship Resources: Global and Mobile
Did you know that the NIV Stewardship Study Bible is available for Kindle, iPad and everywhere your smart phone goes? It’s true. Download this Bible for your Kindle emulator on your Mac, PC, smart phone, or directly to your eBook reader, and thousands of stewardship resources will be available at your fingertips. Or you can go to Apple’s bookstore and download the NIV Stewardship Study Bible for your viewing on your iDevice. Want to start your year out on the...
Accra: Confession or Conversation?
It is sometimes remarked in response to my treatment of the Accra Confession of the World Alliance of Reformed Churches (WARC) and now World Communion of Reformed Churches (WCRC) in my book Ecumenical Babel that the Accra document is not really a confession at all. It says itself, after all, that it is a confession, but “not meaning a classical doctrinal confession, because the World Alliance of Reformed Churches cannot make such a confession, but to show the necessity and...
Another Attack on Egypt’s Coptic Christians
We have tried to raise awareness of the persecution and violence Coptic Christians face in Egypt and around the world at the Acton Institute and in the pages of Religion & Liberty. On New Year’s Day, a suicide-bomber killed 21 Coptic Christians as they left al-Qiddisin Church in the port city of Alexandria, Egypt. On the heels of the attack, news reports have surfaced that al-Qaeda lists Coptic Churches in the Netherlands as targets for their terror. CNN also reports...
Is the Orthodox Church to Blame for Russia’s Economic Ills?
Patriarch Kirill gives an emphatic “no” in a TV interview. He points to the catastrophe of the Bolshevik Revolution and what followed. Here’s a snip from Interfax: “And then everything was broken. Eventually with great efforts, including terror, high economic indicators were reached,” the Patriarch said explaining further collapse of the USSR with the fact that the “backbone of national life was destroyed” in years of revolution. “Today our life is worse not because we are Orthodox, but because we...
Preview: R&L Interviews Thomas C. Oden
Tom Oden In the ing Winter 2011 issue of Religion & Liberty, we are featuring an interview with Thomas C. Oden. The interview mainly focuses on the importance and wisdom of the Church Fathers and their deep relevancy for today’s Church and culture. The content below however delves into Marxist liberation theology and the direction of Oden’s own denomination, The United Methodist Church. Some of the below portion will be available only for readers of the PowerBlog. I’d like to...
A Tithe for Uncle Sam
Catching up on some recent mentaries. We e a new writer, John Addison Teevan, who is director of the Prison Extension Program at Grace College. He also teaches economics and Bible courses at the Winona Lake, Ind., school. This column was published Dec. 29. Sign up for the free, weekly email newsletter Acton News & Commentary here. A Tithe for Uncle Sam By John Addision Teevan Political leaders talk as if the money Americans keep (not paid in taxes) belongs...
Obamacare and the Threat to Human Dignity
From the Jan. 5 Acton News & Commentary. This is an edited excerpt of “Health-Care Counter-Reform,” a longer piece Dr. Condit wrote for the November 2010 issue of the Linacre Quarterly, published by the Catholic Medical Association. For more on this important issue, see the Acton special report on Christians and Health Care. Dr. Condit is also the author of the 2009 Acton monograph, A Prescription for Health Care Reform, available in the Book Shoppe. Obamacare and the Threat to...
Audio: Dr. Donald Condit on End of Life Planning and Health Care Reform
Dr. Donald Condit joined host Drew Mariani on the Relevant Radio Network to discuss the positives aspects of end-of-life planning as well as the troubling issues surrounding end-of-life care under government health care systems. Dr. Condit is an orthopedic surgeon and the author of Acton’s monograph on health care reform, entitled A Prescription for Health Care Reform and available in the Acton Bookshoppe; he has also authored a number mentaries on health care for Acton and other organizations; his most...
The ‘Big Reach’ of Food Banks
I took some issue with a quote from an otherwise fine piece about food banks in the December issue of Christianity Today. So let me follow-up with a mendation without reservation for this profile of the work of the Big Reach Center of Hope in the current issue of CT by Nicole Russell, “A God-Sized Food Bank.” Big Reach is “a food pantry and distribution center situated in a town so small it’s an unincorporated dot on the Ohio map....
Churches and Relief in Haiti
Mark Hanlon of Compassion International writes about his experience related to the place of local churches in relief work. Contrary to the belief of some that relief and development groups “couldn’t rely on churches to do the work they needed to do in the third world. They claimed that the needed expertise and skill sets simply weren’t there,” Hanlon writes, In my three decades of experience in developing nations with Compassion International, I have witnessed the opposite. In the midst...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved