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 10:00 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
Generosity vs. Zero-Sum Thinking in the Workplace
When discussing economics, we frequently encounter the zero-sum fallacy: the notion that the economic pie is fixed, that there is always a winner and a loser, and that, for someone to grow rich, another must e poor. Yet in a market wherein rule of law, contracts, and property rights are properly established, the pie will surely grow. We are not static balls of flesh fortably in a static universe. We are spiritual beings made in the image of a creative...
Justice Scalia Echoes Lord Acton’s Warning on Corrupting Power
Reading through Scalia Dissents: Writings of the Supreme Court’s Wittiest, Most Outspoken Justice, I came across this gem: “No government official is ‘tempted’ to place restraints upon his own freedom of action, which is why Lord Acton did not say ‘Power tends to purify.'” ments from Justice Scalia emerged from Planned Parenthood of Southeastern Pennsylvania v. Casey (1992). A fuller context to his words gives added meaning to the threat to liberty and the rule of law from activist courts:...
Is Belief in the Second Coming of Christ Bad for Creation?
Do you believe that Jesus will return to Earth someday? Then you probably don’t care about environmental devastation and the catastrophic loss of life of future generations. That’s the absurd conclusion drawn in an academic paper published in the latest issue of Political Research Quarterly. In their article, “End-Times Theology, the Shadow of the Future, and Public Resistance to Addressing Global Climate Change,” David C. Barker of the University of Pittsburgh and David H. Bearce of the University of Colorado...
Audio: Sirico on Law and Virtue
Rev. Robert A. Sirico speaks at the 2013 Law Day Celebration May 1st was Law Day across America, and here in Grand Rapids, the Acton Institute joined the Catholic Lawyers Association of West Michigan to sponsor a Law Day Celebration at the St. Cecilia Music Center. The chosen theme for Law Day this year was “Realizing the Dream: Equality for All,” and responsibility for delivering a keynote address on that theme fell to Acton President Rev. Robert A. Sirico, who...
Choice in Schools or Choice in Education?
While school choice is helpful, what we really need in the U.S., says Stephen Davies, is a revolution in the delivery of education that gives us “education choice.” ...
Idle Young Americans: Are We Becoming Europe?
If you’re a young American adult (the 25-to-34 age range), and you have a good job, count yourself blessed. Most of your peers aren’t so lucky. The New York Times reports that “[o]ver the last 12 years, the United States has gone from having the highest share of employed 25- to 34-year-olds among large, wealthy economies to having among the lowest.” Of course, young Europeans have been dealing with this for years. Greece, Spain and Portugal have unemployment rates between...
Obama Administration Finally Recognizes Bible Publisher is a ‘Religious Employer’
After apparently recognizing the absurdity of arguing that a Bible publisher is not a “religious employer,” the Obama administration has dropped its appeal in the case of Tyndale House Publishers v. Sebelius. “For the government to say that a Bible publisher isn’t religious is outrageous, and now the Obama administration has had to retreat in court,” said Matt Bowman senior counsel for Alliance Defending Freedom, who represented Tyndale in the case. Following the government’s request, the U.S. Court of Appeals...
Silicon Valley Misfits: Human Flourishing In California
Silicon Valley certainly has a reputation for innovation and risk. But Christianity? Businesses designed not only to innovate but to pursuing business as an “intimate” adventure with God? That seems unlikely. Christianity Today tells the story of several entrepreneurs in Silicon Valley who are grounded in faith, but are shrewd business people. Take, for example, Sonny Vu. The banker is dressed in northern California business attire—tailored suit, no tie, a nice watch peeking out from beneath his sleeve. Vu is...
Samuel Gregg: The Incredible Shrinking Monsieur Hollande
At The American Spectator, Acton Research Director Samuel Gregg looks at France’s embattled Socialist president, François Hollande, as the first anniversary of his term in office approaches. As Hollande’s approval ratings hit new lows, “Mr. Normal,” Gregg writes, is starting to look like “Mr. Irrelevant.” What’s more, he adds, “two of the biggest problems that have corroded Hollande’s credibility: his apparent inability to address France’s economic difficulties; and a growing awareness throughout France that la grande nation is slipping into...
R&L Preview: Peter Schweizer on our Cronyist Culture
After being sentenced to federal prison in 2001 for racketeering, Louisiana’s former governor Edwin Edwards, long famous for his corruption and political antics, humorously quipped, “I will be a model prisoner as I have been a model citizen.” In his 1983 campaign for governor against incumbent David Treen, Edwards bellowed, “If we don’t get Dave Treen out of office, there won’t be anything left to steal.” The kind of illegal corruption once flaunted by Edwards is on the decline. There...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved