On September 29, 2017, the U.S. District Court for the Northern District of Illinois dismissed all claims in Demkovich v. St. Andrew the Apostle Parish, finding that the First Amendment’s “ministerial exception” precluded a gay music director at a Catholic church from bringing wrongful termination claims after he was fired just days after marrying his male partner.
In 2012, St. Andrew Parish and the Archdiocese of Chicago hired Sandor Demkovich as music director, choir director, and organist, where he was responsible for selecting and performing music played during mass at St. Andrew. Reverend Jacek Dada, the pastor at St. Andrew, knew that Demkovich was gay and engaged to a man. But shortly before Demkovich married his now-husband in September 2014, Demkovich’s coworkers told him that Reverend Dada intended to ask him to resign after the wedding and had already started telling St. Andrew employees that Demkovich had been fired.
Sure enough, four days after Demkovich and his husband were married,Reverend Dada called Demkovich into his office and asked him to resign. After Demkovich refused to resign, Reverend Dada fired him, telling him that his union went “against the teachings of the Catholic church.” Demkovich then brought suit in federal court, alleging sex and sexual orientation discrimination claims under Title VII of the Civil Rights Act of 1964 (“Title VII”).