Third Circuit Hears Arguments In Ursuline Academy Case

On Tuesday, the U.S. 3rd Circuit Court of Appeals heard arguments in Curray-Cramer v. Ursuline Academy of Wilmington Delaware, Inc. The decision of the trial court is at 344 F. Supp.2d 923 (D Del., 2004). Wednesday's Philadelphia Inquirer reported on the oral arguments, which the court extended for 10 minutes because of the importance of the case. At issue is whether Title VII of the 1964 Civil Rights Act as amended by the Pregnancy Discrimination Act of 1978 protects a teacher who was fired from a Catholic school after publicly advocating on behalf of abortion rights. The argument was complicated by plaintiff's claim that the First Amendment free exercise issues considered by the trial court no longer apply because the Ursuline Academy's charter no longer includes the word "religion". The academy now markets itself as an independent college-preparatory school.