Gay Glendora Catholic School Teacher Wrongful Termination Lawsuit Can Move Forward, Says Judge

A former Catholic high school teacher who says he was stripped of his job for marrying his gay partner soon after same-sex marriage was made legal in California can move forward with his lawsuit against the school, a Los Angeles judge ruled today.

Superior Court Judge Kevin Brazile rejected arguments by attorneys for St. Lucy's Priory High School in Glendora that the allegations brought by Kenneth Bencomo were barred by the constitutional separation of church and state.

Brazile gave defense attorneys 30 days to file an answer to the lawsuit.

Bencomo's lawyer, Jason Marsili, said he was pleased with the ruling. His client filed the case March 12, alleging wrongful termination in violation of public policy, violation of the state Labor Code and breach of contract.

Defense attorney Michael Trotter could not be immediately reached for comment. But in court papers, Trotter argued that as a Catholic school, St. Lucy's expected its teachers, including Bencomo, to "personify the religious principles of the Catholic church and incorporate such values into his work."

A "ministerial exception" applies in Bencomo's case and the lawsuit is "an untoward and improper intrusion into the separation of church and state," according to Trotter's court papers.

But Bencomo alleges his firing violated the protected right of a person to marry and to engage in political activities, including political speech.

Bencomo and his partner, Christopher Persky, met in April 2003, and were among a wave of same-sex couples who married after a U.S. Supreme Court ruling last June cleared the way for gay weddings to resume in California for the first time since 2008. He was fired last July, less than two weeks after marrying Persky.

Bencomo began working at the Glendora school in 1998, according to his court papers.

"At that time, and at all times thereafter, Bencomo's sexual orientation was common knowledge among many of the students, faculty members and the administration of St. Lucy's," the suit states.

Bencomo taught studio art, dance, English and yearbook classes, and Persky regularly attended St. Lucy's events with the plaintiff, according to the suit.

News of Bencomo's wedding last July 1 appeared in a local newspaper, and an administrator subsequently told him he was being fired, though she considered him an "exceptional" teacher, the suit states.

Bencomo, who had thought the administrator wanted to discuss plans for the coming school year, was "utterly shocked and unprepared for the news that he was being terminated after more than 15 years at St. Lucy's," according to his suit.

Bencomo, 45, broke down in tears before leaving the meeting, according to the complaint. His termination drew an "immediate outpouring of support from countless individuals, including current and former students of St. Lucy's," the suit says.

Bencomo believes that, in the face of the public backlash after his firing, the administrator told other faculty members he resigned, the suit states.

Bencomo was raised Catholic and graduated from Damien High School, a Catholic all-male school in La Verne.

—City News Service

Do you think the termination was fair? Tell us in the comment section below.