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 31, 2025 8:29 PM

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
The Spiritual Temptation of the Welfare State
The conditions under which the government transfers wealth are different than the conditions under which the church transfers wealth, says James R. Rodgers. Yet many Christian leaders are tempted to use the power of the state to dowhat is required of the church: Ginning up donations, however, is the hard road. Given the imperative that the needy should be fed, how much easier it is to step around the church and the power of the Gospel, and instead to make...
If Christ is Lord, Everything Matters
Recently we had an excellent discussion on twitter about the following idea that @JakeBishop8 shared: “Our greatest fear should not be of failure but of succeeding at things in life that don’t really matter.” In response to this idea we retweeted, another Jake (@JakeBelder) jumped in with: “If Christ is Lord over all, is it right to say there are things that don’t really matter?” What ensued was a great interaction between two “Jakes” about what matters in God’s Kingdom....
Faith and Science In a Fallen World
Reading as many blogs as I do, I’m always grateful when I stumble on a great blog post that is not only thoughtful, but relates to some aspect of our work here at Acton. Jason Summers over at Q Ideas has written an interesting piece titled Where Angels Cannot Tread: Science in a Fallen World. In his discussion of science, he notes humanity is uniquely equipped by God to engage with science. I believe that we Christians especially should listen...
Louisiana’s Valuable Commodity: Prisoners
Why is Louisiana the world’s prison capital? Are the residents of the Bayou State more criminal than other people around the world? Is the state’s law enforcement exceptionally skilled at catching bad guys? Or could the inflated prison population be, at least in part, the result of theperverse economic incentives of crony capitalism? The hidden engine behind the state’s well-oiled prison machine is cold, hard cash. A majority of Louisiana inmates are housed in for-profit facilities, which must be supplied...
Catholic Diocese of Washington, DC and Forty Other Groups Sue Obama Administration
At least forty Catholic dioceses and organizations in the United States have filed suit against the Obama Administration for violation of First Amendment rights. According to , The suits filed by the Catholic organizations focus on the regulation that Health and Human Services Secretary Kathleen Sebelius announced last August and finalized in January that requires virtually all health-care plans in the United States to cover sterilizations and all Food and Drug Administration-approved contraceptives, including those that can cause abortions. The...
Discerning God’s Call
For the next two weeks I’m privileged to be teaching a course on Christian ethics and contemporary culture at Farel Reformed Theological Seminary in Montreal, Quebec. This morning’s class focused on the issue of calling and the Christian life. We discussed some of the ways in which God’s call to follow es to different individuals in a variety of circumstances and in a variety of means. As background, we read Alissa Wilkinson’s short essay, “Vocation Takes Patience.” Discerning God’s call...
That the Name of God Should Be Forgotten
The Russian Orthodox naval cathedral in Kronstadt, reconsecrated in April From Interfax: Moscow, May 15 — On Tuesday, there will be 80 years since the Soviet government issued a decree on “atheistic five-year plan.” Stalin set a goal: the name of God should be forgotten on the territory of the whole country to May 1, 1937, the article posted by the Foma website says. Over 5 million militant atheists were living in the country then. Anti-religious universities — special educational...
Mark Zuckerberg and the Biblical Meaning of Success
There aretwo great lies our culture promotes among children in school, students in college, and professionals in the business world, says Hugh Whelchel: (1)“If you work hard enough, you can be anything you want to be.” (2) “You can be the best in the world. If you try hard enough, you could be the next Zuckerberg.” Whelchel explains why these lies have “catastrophically damaged our view of work and vocation, because they have distorted our biblical view of success.” If...
Defending the Free Market review: More than Mere Economics
On his Koinonia blog, Rev. Gregory Jensen reviews Rev. Robert Sirico’s new book, Defending the Free Market: The Moral Case for a Free Economy. Jensen: “Daring though the argument is, especially for a Catholic priest, it is also essential that it be made since for too many people (including business people), free market economic theory and policies are little more than a justification for greed. While not denying the excesses of capitalism and real sins of capitalists, Fr Sirico wisely...
Free Acton Institute eBooks on Judaism, Law and the Market Economy (May 20-24)
Beginning today, the conference “Religion and Liberty — A Match Made in Heaven?” gets underway in Jerusalem. Sponsored by the Jerusalem Institute for Market Studies (JIMS), the Acton Institute and others, the event asks questions such as, “Is capitalism not only efficient but also moral?” In conjunction with this May 20-24 conference, Acton is offering its two Jewish monographs through Amazon Kindle at no charge. The two titles: Judaism, Law & The Free Market: An Analysis by Joseph Lifshitz. [Kindle...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved