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 2, 2026 2:58 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
How free markets help Christians live their values in the workplace
People of faith in Europe increasingly face exclusion from whole professions because of their moral beliefs. I write about the latest chapter in this tale – how disregarding the free market helped cause it, and how free market economic principles can help alleviate it – in a mentary for The Steam. Ellinor Grimmark, the midwife at the heart of the Swedish court case. Last week, the Swedish Labour Court ruled against Ellinor Grimmark, a pro-life midwife who has been denied...
Commentary: The joy of spring
This week’s Acton Commentary is a meditation by the Dutch theologian Abraham Kuyper (1837-1920), reflecting on the significance of spring for our natural and spiritual lives. “So that bread e forth from the earth” takes its point of departure from the lines of Psalm 104: “He causeth the grass to grow for the cattle, and herbs for the service of man: that he may bring forth bread out of the earth.” Pieces like this show another side of Kuyper than...
Is Chile headed in the direction of socialist Europe?
Balneario de Antofagasta – By Victorddt – Own work, CC BY-SA 3.0 If you want to examine a flourishing Latin American economy, look no further than Chile. In a new article, Samuel Gregg capitulates an economic success story in Chile. The country has thrived by embracing liberal principles and respecting property rights and open markets. However, Gregg is wary of Chile’s future; he suspects it may be headed in the direction of European socialism. Gregg begins by recognizing the unique...
Understanding the President’s Cabinet: Transportation Secretary
Note: This is post #12 in a weekly series of explanatory posts on the officials and agencies included in the President’s Cabinet. See the series introductionhere. Cabinet position:Secretary of Transportation Department: U.S. Department of Transportation (DOT) Current Secretary:Elaine Chao Succession:The Transportation Secretary is 14th in the presidential line of succession. Department Mission:“The mission of the Department is to serve the United States by ensuring a fast, safe, efficient, accessible and convenient transportation system that meets our vital national interests and...
Explainer: What exactly is a ‘currency manipulator’?
Now that we’re within a few days of the 100-day deadline, though, President Trump has changed his mind. Yesterday, he said he will not be labeling China a currency manipulator. Whatever you feel about the flip-flop, Trump’s rhetoric had caught up with reality: China hasn’t devalued its currency since 2014. In fact, for the past few years China has tried to prop up the renminbi (their currency, which we know as the ‘yuan’) for to keep it from falling. But...
What Christians can learn from Utah’s economic success
How do we move closer to ending poverty and expanding opportunity in America? Does a single solution or road map even exist? In a widely cited study, the Brookings Institute’s Isabel Sawhill and Ron Haskins famously argued that at least one predictable path is evident. “The poverty rate among families with children could be lowered by 71 percent if the pleted high school, worked full-time, married, and had no more than two children,” they argue. Skeptics and critics abound, but...
What may save Cuba from hunger? GMOs
Cuban officials have announced the island is turning to genetically modified organisms (GMO) to help feed its increasingly hungry population. Hunger is spreading in Cuba, something officials ascribe to higher levels of tourism. Tourists can afford to pay more for food, so they outbid the native population. The New York Times wrote that food insecurity is “upsetting the very promise of Fidel Castro’s Cuba” (though, in their defense, his reign owed much to their coverage). But Cuba’s use of GMOs,...
How to stand with Coptic Christians this Holy Week
As two bombs exploded inside Coptic churches on Palm Sunday, the shock reverberated around the world. “In just seconds, the entire church was filled with smoke, fire, blood, and screams,” Fr. Daniel Maher, who was serving in St. George Coptic Church on Palm Sunday when the first bombing attack took place, told the Associated Press. Fr. Daniel survived, but his son, Beshoy, was among the 44 deaths recorded so far. But the world, and especially the Church, neither suffers nor...
John Locke on Scripture and Public Morality
Public Domain Last week Dr. Jonathan S. Marko, Assistant Professor of Philosophical & Systematic Theology at Cornerstone University, spoke before some Acton Staff and local scholars on John Locke and the role of Scripture in public morality. The talk, “‘Ready Dug and fashioned’: John Locke on Scripture’s Primacy for Public Morality,” was followed by a lively question and answer session in which Dr. Marko graciously took on ers helping us better understand Locke’s moral philosophy and personal religious convictions. Dr....
When was the original Good Friday?
Today is Good Friday*, the religious holiday memorates the crucifixion of Jesus Christ and his death at Calvary. Christians have celebrated the event for over two millennia. But what was the date of the original Good Friday? Almost all scholars agree that Jesus was crucified in the spring of either A.D. 30 or A.D. 33. In their book,The Final Days of Jesus: The Most Important Week of the Most Important Person Who Ever Lived, Andreas Köstenberger and Justin Taylor contend...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved