A new provision in next year’s employment contract for approximately 650 Roman Catholic school teachers and administrators in Hawaii would make same-sex marriage and engaging in homosexual activity fireable offenses.
The contract, which is signed annually, has been revised to include examples of personal conduct required of teachers, said Mike Rockers, superintendent for Hawaii Catholic schools.
He oversees the Hawaii Catholic Schools office, which provides support services to about 40 Catholic schools statewide. The annual employment agreement applies only to teachers and administrators at parochial schools, and doesn’t include larger private schools such as Sacred Hearts Academy, Saint Louis School, Damien Memorial School or Maryknoll School.
"This edition for this coming (school) year is about the same, but instead of just stating we expect and require teachers to conduct themselves consistent with Catholic moral standards, we’ve enunciated with some examples of those," Rockers told the Honolulu Star-Advertiser. "There’s some information involving moral turpitude based on our view of teachings on chastity … and several things relating to the sacredness of life."
The 15-page agreement says teachers are expected and required to lead professional and personal lives that do not contradict Catholic moral standards. For example, in addition to prohibiting homosexual activity and same-sex unions, the contract says a teacher may be fired for such behavior as unmarried cohabitation, adultery, abortion, in vitro fertilization and euthanasia.
In November, Hawaii became the 15th state plus the District of Columbia to legalize gay marriage. The church staunchly opposed legalizing same-sex marriage, and Diocese of Honolulu Bishop Larry Silva had argued that gay marriage was tied to a multitude of social ills, including poverty, divorce and juvenile suicide.
Rockers said school principals and some teachers had been asking for more explicit guidance in the contract.
"We heard from principals that when we talk about our Catholic identity … some specifics related to what we’re talking about, principals and teachers would appreciate clarification on it," he said. "Teachers, whether they are Catholic or not Catholic, we need to do a better job of educating them about what the church’s teachings are."
With regard to homosexuality, the Catholic Church’s catechism requires Catholics to treat gays and lesbians with "respect, compassion and sensitivity" but says homosexual acts "are acts of grave depravity" and that "under no circumstances can they be approved."
"Our schools are communities of faith, and we feel like we have the right and, really, an obligation to promote the teachings of the Catholic Church and expect our teachers as ministers to support that," Rockers said.
Under exceptions in federal and state fair-employment laws, religious institutions have a right to hire people who support their religious beliefs and dismiss those who don’t. The First Amendment’s guarantee of religious freedom provides the basis for such actions.
"Under state and federal law, because our purpose is to further the message of faith, we’re permitted to move in this direction," Rockers said.
William Hoshijo, executive director of the Hawaii Civil Rights Commission, said it’s not uncommon for religious institution employers to impose codes of conduct for employees, including those who may not be ministers.
"This is the subject of growing controversy and litigation, as employers proffer and argue that they are not taking adverse employment action because of a worker’s protected status — (such as) sex, sexual orientation — but because of their conduct," Hoshijo said.
Some mainland Catholic school systems have been revising employee contracts in recent years to prohibit practices that go against Catholic teachings, including gay marriage, contraception and out-of-wedlock relationships. Some of the changes were prompted by teachers who sued for being fired from schools in California, Ohio, Pennsylvania and Washington state.
