Sterlinski v. Catholic Bishop of Chi.
Sterlinski v. Catholic Bishop of Chi.
Opinion of the Court
Plaintiff Stanislaw Sterlinski filed this suit against the Catholic Bishop of Chicago, alleging national origin discrimination and retaliation under Title VII, 42 U.S.C. § 2000e et seq. , as well as age discrimination and retaliation under the Age Discrimination in Employment Act (ADEA),
Earlier in the case, the Court dismissed the initial complaint because the allegations themselves established that Sterlinski was a "minister" for purposes of the "ministerial exception"-that is, the exception to employment-discrimination laws dictated by the First Amendment's religion clauses. R. 23, 8/23/16 Opinion at 7-13. Sterlinski then filed an Amended Complaint, asserting all of the same claims, but this time alleging how the demotion affected his job duties as the church's Director of Music. R. 24, Am. Compl. (Count 1 ¶ 13). That is the only substantive difference between the original complaint and the amended one. The Catholic Bishop moved to dismiss the Amended Complaint under Federal Rule of Civil Procedure 12(b)(6), arguing that the ministerial exception still barred the claims. R. 26, Mot. to Dismiss Am. Compl. The Court granted the Catholic Bishop's motion as it pertained to Sterlinski's claims arising from the demotion , but denied it as it pertained to his firing . R. 37, 05/01/17 Opinion at 8. Instead, the Court authorized limited discovery on the issue of whether Sterlinski was a "minister" within the meaning of the ministerial exception at the time of his firing.
I. Background
The Catholic Bishop hired Sterlinski in July 1992 to serve as the Director of Music at St. Stanislaus Bishop and Martyr Parish. R. 57, PSOF ¶¶ 6-7.
At this stage of the case, the key dispute is the importance of music-and, more specifically, the importance of instrumentalists-to Catholic Worship at Mass. In support of its contention that music serves a ministerial function during Mass, the Catholic Bishop relies on two sources: (1) the expert affidavit of D. Todd Williamson, the Director of the Office for Divine Worship, Archdiocese of Chicago; and (2) a document issued by the United States Conference of Catholic Bishops, entitled Sing to the Lord, Music in Divine Worship , which provides guidance and direction in all matters of Liturgical Music. DSOF ¶¶ 10-28. The Catholic Bishop argues that music and singing are integral elements of Catholic Worship, and that when music is played and sung at Mass, it becomes "sung prayer," that is, "prayer that is supported and directed by instrumental music being played." DSOF ¶ 14. According to the Catholic Bishop, all musicians at Mass-including the organist-"exercise a genuine liturgical ministry" by leading and sustaining the assembly's sung prayer.
Against this, Sterlinski asserts that instrumental music, including organ music, is not necessary to a Catholic Mass or Worship. Pl.'s Resp. DSOF ¶¶ 13-14, 16, 21-28; PSOF ¶¶ 18, 34. As an organist with no discretion in what music was played or how he played it, Sterlinski contends that his role was neither necessary nor ministerial-and in fact could be replaced with recorded music. PSOF ¶¶ 18-19, 24, 26-29, 32, 34.
II. Legal Standard
Summary judgment must be granted "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). A genuine issue of material fact exists if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc. ,
*944III. Analysis
A. Ministerial Exception
The First Amendment's religion clauses dictate that there is a ministerial exception to employment discrimination laws, namely, that "ministers" cannot pursue employment claims against their religious-institution employers. Hosanna-Tabor Evangelical Lutheran Church & Sch. v. E.E.O.C. ,
Naturally, the exception's applicability depends on whether the plaintiff-employee qualifies as a "minister." Hosanna-Tabor ,
*945B. The Role of Music in Religious Services
The Court previously held that, when Sterlinski served as the Director of Music, he performed ministerial functions within the meaning of the ministerial exception. 8/23/16 Opinion at 7-13. So claims arising from the time that he held that role were barred.
Based on the record evidence, the Court must agree. To start, there is only so much that a federal court may do in questioning a church's view of its own religious doctrine. It is true that, although "a secular court may not take sides on issues of religious doctrine, it must be allowed to decide whether a party is correct in arguing that there is an authoritative church ruling on an issue, a ruling that removes the issue from the jurisdiction of that court." McCarthy v. Fuller ,
Here, the Catholic Bishop presented an affidavit from D. Todd Williamson, who has been the Director of the Office for Divine Worship for the Archdiocese of Chicago for sixteen years.
This opinion relies in substantial part on Sing to the Lord , the United States Conference of Catholic Bishop's official document on Liturgical Music. R. 43-5, Exh. B. Sing to the Lord declares that "music is to serve the needs of the Liturgy." Id. ¶ 125. The Conference specifically pronounces that "all pastoral musicians-professional or volunteer, full-time or part-time, director or choir member, cantor or instrumentalist-exercise a genuine liturgical ministry." Id. ¶ 50. These musicians "serve the Church at prayer" and "are ministers who share the faith, serve the community, and express the love of God and neighbor through music." Id. ¶ 49. They are "a valued and integral part of the overall pastoral ministry of the parish." Id. ¶ 52. Even more specifically, the Conference emphasizes the importance of the organ in worship: "[a]mong all other instruments which are suitable for divine worship, the organ is 'accorded pride of place' because of its capacity to sustain the singing of a large gathered assembly, due to both its size and its ability to give 'resonance to the fullness of human sentiments, from joy to sadness, from praise to lamentation.' [The organ] 'in some way[s] remind[s] us of the immensity and the magnificence of God.' " Id. ¶ 87.
To be sure, simply because Sing to the Lord labels musicians at Mass as "ministers" does not in itself end the analysis on the ministerial exception. But Sing to the Lord goes well beyond a mere label. It emphasizes musicians' important role in leading and sustaining the assembly's singing, and by doing so, they "share the faith, serve the community, and express the love of God and neighbor through music." Sing to the Lord ¶¶ 41, 49. Together, Sing to the Lord and the expert opinion of Williamson establish the Church's legitimate belief that Church musicians, and even more specifically and emphatically the organist, play a religiously significant role at Mass and convey the Church's message to congregants. See Cannata v. Catholic Diocese of Austin ,
It is true that Sterlinski offers himself as an expert on music in Church services, and of course he opines that music does not play a significant religious role. Perhaps in another type of case or another context Sterlinksi would indeed be qualified under Federal Rule of Evidence 702 to offer an expert opinion on the topic. After all, he has played the organ for around five decades at four parishes, and he held the Director of Music position for 22 years. R. 57-1, Exh. A, Sterlinski Curriculum Vitae. But in this case, where a *947church has genuinely offered its official word on the religious significance of music, Sterlinski's opinion cannot overcome that official pronouncement. See Serbian E. Orthodox Diocese for U. S. of Am. & Canada v. Milivojevich ,
With the official Church doctrine established, the Court must conclude that Sterlinski performed a ministerial function by performing organ music at worship and ritual ceremonies, and took part in conveying the Church's message to congregants. See DSOF ¶¶ 13, 16, 18 (citing Williamson Report at 2-5; Sing to the Lord ¶ 125). Against the official doctrine, Sterlinski resists by making two points: (1) he did not participate in picking the music; and (2) as an organist, he only "robotically played notes from sheet music." Pl.'s Resp. and Cross-Mot. Summ. J. at 7-8. On the first point, case precedent simply does not support the proposition that a lack of authority to pick the music renders a musician outside the ministerial exception. See Tomic ,
On the second point, Sterlinski's view of "robotic" music performance cannot overcome official Church doctrine. Sing to the Lord declares that all musicians who play during Mass perform a liturgical ministry. DSOF ¶¶ 13, 16, 21-23 (citing Williamson Report at 2-5; Sing to the Lord ¶¶ 49-50) ("all pastoral musicians ... exercise a genuine liturgical ministry") (emphasis added). As discussed earlier, federal courts have no discretion to impeach the Church's official doctrine on the ministerial significance of music. See Cannata ,
To undermine that conclusion, Sterlinski cites to Tomic , in which the Seventh Circuit discussed the importance of how music is played during religious services. Pl.'s Resp. and Cross-Mot. Summ. J. at 9 (citing Tomic ,
To de-emphasize an organist's role in religious services, Sterlinski argues that it is the cantor, rather than the organist, who leads the congregation in song. Pl.'s Resp. and Cross-Mot. Summ. J. at 6. But Sing to the Lord several times discusses the organist's role in leading the choir and assembly. Sing to the Lord ¶ 31 (the choir "sings on its own or under the leadership of the organ"); ¶ 41 ("The primary role of the organist ... is to lead and sustain the singing of the assembly and of the choir.") (emphasis added). Yes, Sing to the Lord also affirms that the cantor is "a leader of congregational song." Id. ¶ 37. But that simply means that the Conference envisioned more that there can be more than one leader of song at Mass, each of whom exercises a ministry especially cherished by the Church. DSOF ¶ 21 (citing Sing to the Lord ¶ 50 ("all pastoral musicians ... cantor or instrumentalist ... exercise a genuine liturgical ministry") ); Williamson Report at 5 ("[A]ny person who leads ... music serves the Mass and all who are praying it .") (emphasis in original). So there is no suggestion in Church doctrine, and certainly no rule of law, Hosanna-Tabor ,
Sterlinski's final point is that organ music is not required at Mass, so how could the organist serve a ministerial function? It is true that, as the Catholic Bishop admits, Mass can be held without instrumental music, and that recorded music is not forbidden. Def.'s Resp. PSOF ¶¶ 18-19, 34. But it is broken logic to then infer, from that premise, that when music is played live, the musician plays no ministerial function. Again, official church doctrine establishes that music conveys a religious message, and instrumentalists who play it are important ministers of the faith. DSOF ¶¶ 13, 20-23 (citing Williamson Report *949at 2-4; Sing to the Lord ¶¶ 49-50, 95) ("Music is so integral to Catholic Worship ... [that] there is a great difference between simply playing recorded music that the congregation would sing along with, and having a living person fill the ministerial role of physically playing music to support and aid the community's sung prayer.") (emphasis in original).
C. Other Factors
As noted earlier, the key analytical factor is the official Church doctrine on the importance of a musician's role as a minister. There are, however, a couple of other factors to weigh. Starting with Sterlinski's official title, there appears to be a genuine issue of fact as to his title after his demotion. The Catholic Bishop argues that Sterlinski retained his title of Director of Music, as evidenced by the job description. Def.'s Mot. Summ. J. at 2, 9; DSOF ¶ 5; R. 43-1, Position Description (listing Sterlinski's part-time position as that of "Music Director"). Sterlinski points to the Church bulletin to argue that his new title was "organist." Pl.'s Resp. and Cross-Mot. Summ. J. at 10-11; PSOF ¶ 15; R. 57-3, Exh. C, Church Bulletin (listing Sterlinski as the "Organist"). But even accepting Sterlinski's version, the title "Organist" still points to a ministerial role under official Church doctrine, as taught by Sing to the Lord and as proven by Williamson's expert opinion. DSOF ¶¶ 22-23, 25-26 (citing Williamson Report at 3-4; Sing to the Lord ¶¶ 42, 49, 87) ("Among all other instruments which are suitable for divine worship, the organ is 'accorded pride of place.' ").
The same is true as to the substance reflected in Sterlinski's title and how he held himself out to the congregation. Sterlinski concedes that he played the organ and accompanied the Parish choir at weekend Mass, and played the organ at Parish weddings and funerals, and did so at the direction of Father Dzioerk. Pl.'s Resp. DSOF ¶¶ 6, 8. And Sterlinski agrees he was listed as the Parish organist on the Church's bulletin. Id. ¶ 9. Sterlinski's presence and musical performance at Mass alone, under the direction of Father Dziorek, demonstrated to the congregation that he, as the organist, was a messenger of the Catholic faith and a musical minister of the liturgical prayer.
Finally, that Sterlinski was not ordained is not a determining factor to whether he falls within the exception. Hosanna-Tabor ,
IV. Conclusion
For the reasons discussed, the Catholic Bishop's motion for summary judgment is granted and Sterlinski's cross-motion is denied. The ministerial exception applies and Sterlinski's suit cannot proceed.
This Court has subject matter jurisdiction over this case under
Citations to the record are noted as "R." followed by the docket number and, if necessary, the page or paragraph number.
Citations to the parties' Local Rule 56.1 Statements of Fact are identified as follows: "DSOF" for the Catholic Bishop's Statement of Facts [R. 43], "PSOF" for Sterlinski's Statement of Facts [R. 57], "Def.'s Resp. PSOF" for the Catholic Bishop's response to Sterlinski's Statement of Facts [R. 59], and "Pl.'s Resp. DSOF" for Sterlinski's response to the Catholic Bishop's Statement of Facts [R. 57].
Sterlinski's Statement of Facts lists two different dates for the demotion: July 7, 2014, PSOF ¶ 8, and June 7, 2014, id. ¶ 10. Both the Amended Complaint and Defendant's Statement of Facts state Sterlinski was demoted on June 7, Am. Compl. (Count 1 ¶ 12); R. 43, DSOF at 1, so the Court adopts this date for the purposes of this Opinion.
In the Amended Complaint, Sterlinski alleged that he was fired in December 2014. Am. Comp. (Count 1 ¶ 18). But Sterlinski now says that, based on discovery, his true last day of work was February 1, 2015. Pl.'s Resp. and Cross-Mot. Summ. J. at 4 n.2. Sterlinski provides no factual support for the later date, but ultimately the termination date is unimportant.
It is true that Tomic was abrogated by the Supreme Court's decision in Hosanna-Tabor , but only on alternative grounds-namely, whether the ministerial exception is jurisdictional in nature. The Seventh Circuit concluded that it was, Tomic ,
This opinion uses (cleaned up) to indicate that internal quotation marks, alterations, and citations have been omitted from quotations. See Jack Metzler, Cleaning Up Quotations , 18 Journal of Appellate Practice and Process 143 (2017).
Both sides critiqued the other side's affidavits as "self-serving." Pl.'s Resp. and Cross-Mot. Summ. J. at 5-6; Def.'s Mot. Summ. J. at 11. The Seventh Circuit has held that "the term 'selfserving' must not be used to denigrate perfectly admissible evidence through which a party tries to present its side of the story at summary judgment." Hill v. Tangherlini ,
Sterlinski relies on Father Dziorek's concession that he was not aware of a specific Canon law on music. Pl.'s Resp. and Cross-Mot. Summ. J. at 12; PSOF ¶ 23 (citing R. 57-5, Exh. E, Dziorek Dep. 55:14-24). But that Father Dziorek could not point to a particular Canon law under which an organist is considered an important part of Mass does not negate the authoritative evidence comprised of Sing to the Lord and Williamson's expert opinion. When a good-faith, authoritative church doctrine is offered, the First Amendment's religion clauses prohibit courts from deciding otherwise. McCarthy ,
The Catholic Bishop cites other cases that discuss the importance of music to worship at Mass and then conclude that the ministerial exception applies to musicians. Def.'s Mot. Summ. J. at 7-8. But in each of those cases, the actual holding did rely too on duties beyond just playing an instrument at Mass. See Tomic ,
Sing to the Lord even specifies the placement of musicians during Mass "to enable proper interaction with the liturgical action." DSOF ¶ 20 (citing Williamson Report at 3-4; Sing to the Lord ¶ 95). But neither party provides facts about where Sterlinski or the organ was located during Mass, so there is no record evidence on that particular point. That said, Sterlinski had to sit at the organ to play it, so the congregation was on notice that he was the organist during Mass and at other religious functions.
Reference
- Full Case Name
- Stanislaw STERLINSKI v. The CATHOLIC BISHOP OF CHICAGO
- Cited By
- 2 cases
- Status
- Published