Christian Science Monitor Reporter Refused ‘Healing’ : Court Backs Paper’s Firing of Lesbian

The Massachusetts Supreme Court today upheld the constitutional right of the Christian Science Monitor newspaper to fire a lesbian reporter who refused to participate in a church-ordered “healing” to make her heterosexual.

The court ruled that the newspaper, as part of the First Church of Christ, Scientist, was within its rights in firing Christine Madsen because of its constitutionally protected freedom of religion.

The court allowed Madsen to pursue a new hearing on a number of other charges, including defamation, interference with her employment contract, invasion of privacy and infliction of emotional distress.

Madsen was fired by the newspaper in January, 1982, after admitting she was gay, but she denied employer allegations that she had entered a “homosexual marriage,” attempted to entice a manager’s wife into a gay relationship and attended meetings with homosexuals.

‘Deviation of Moral Law’

Church doctrine believes homosexuality is a “deviation from moral law” and requires members or employees to “heal” themselves.

In a majority opinion written by Justice Joseph Nolan, the court found the newspaper was a valid activity of the church, which adhered to a policy of employing “only members of the church.”

Therefore, the court reasoned, “the decision to fire Madsen because of her sexual preference can only be construed as a religious one, made by a church as employer.”

“At the very least, the free exercise of religion includes the right of churches to hire employees. It surely also follows that the churches are entitled to insist on undivided loyalty from these employees.”

But the majority also said “without retreating for a moment from the foundational rule ‘that the First Amendment prohibits civil courts from intervening in disputes concerning religious doctrine, discipline, faith or internal organization’ . . . we restate the equally important rule that the rights of religion are not beyond the reach of civil law.”

The court ordered that Madsen be allowed to amend her complaint to seek a new hearing on the defamation and other charges.