(Editor’s Note: This article marks the debut of new San Francisco Bay Times columnist Assemblymember Phil Ting, who has been a longtime ally of our community. As you can see in the below piece, he is not afraid to take a stand for our rights, something that we have observed time and time again from him over the years. We are honored to include this series in our paper, and encourage you to learn more about Assemblymember Ting by visiting http://asmdc.org/members/a19/)
People facing discrimination have found a home in the Bay Area because we cherish diversity and celebrate it with pride.
This explains the shock over discriminatory morality clauses imposed on educators at four Bay Area Catholic high schools administered by the Archdiocese of San Francisco, including Sacred Heart Cathedral Preparatory and Archbishop Riordan in San Francisco, Junipero Serra in San Mateo, and Marin Catholic in Kentfield.
Released by Archbishop Salvatore Cordileone on February 4, the morality clauses outline expansive limits on the personal and private lives of teachers, administrators, and staff. They are expected to “arrange and conduct their lives” so as to “not visibly contradict, undermine or deny” a rejection of personal freedoms protected in law. Among these freedoms are the choice of whom to love and marry, how to plan a family, and what causes to support through freedom of speech and association.
The morality clauses were released in tandem with a new contract for teachers that, if adopted, would reclassify them as “ministers” regardless of their duties on campus. This places the Archdiocese on a path no other employer could legally pursue. While the Archbishop has since said he will withdraw that reclassification, he has expressed interest in using the word “ministry” instead. But this appears to be a distinction without a difference, setting up a scenario where teachers can be fired without recourse for exercising their civil rights.
How is this possible? The approach exploits a narrow exemption in federal anti-discrimination law intended to protect the free exercise of religion.
That is why a group of lawmakers and I urged the Archbishop to change course and withdraw these morality clauses. They conflict with settled areas of law, foment a discriminatory environment in our community, and send an alarming message of intolerance. Unfortunately, the Archbishop has not accepted our invitation to meet and find common ground.
Last month, Assemblymember Kevin Mullin (D-San Mateo) and I asked the State Legislature to investigate any recourse available to preserve the rights of teachers at the affected schools because the Bay Area must not become a laboratory for discrimination under the guise of religion.
Much is at stake. These schools have deep roots in our community, dating back to 1852, and are greatly revered for educating generations of local leaders. Aside from sending a terrible message to LGBT students and their families, these hostile working conditions risk the ability of these schools to attract and retain the best educators. If they cannot, the future of their legacy is compromised and we all lose.
Through these challenging times, I have taken great inspiration from the students taking a stand against discrimination in their schools. That provides a tremendous source of hope over the values motivating those who will lead us in the future.
Phil Ting represents the 19th Assembly District, which spans the Westside of San Francisco as well as the communities of Broadmoor, Colma, and Daly City.
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