A Massachusetts superior court judge on Wednesday ruled in a first-of-its-kind decision that a Catholic all-girls school in Milton, Mass., illegally discriminated against a gay cafeteria worker when school officials fired him after learning he was married to another man.
Matthew Barrett, of Dorchester, had argued that Fontbonne Academy had engaged in sex discrimination when it rescinded its job offer after discovering details about his personal life. Barrett had previously been offered and accepted the position of food services director at the school, a position that did not put him in the classroom or leave him with the ability to influence school curriculum. But Fontbonne insisted it had a right to fire Barrett, citing the Catholic Church’s opposition to homosexuality and same-sex marriage, as well as an exemption within Massachusetts’ LGBT nondiscrimination law for religiously-affiliated institutions.
But Norfolk Superior Court Judge Douglas Wilkins rejected that argument, ruling that the exemption within the nondiscrimination law does not apply, because Fontbonne accepts non-Catholic students and employees, regardless of their faith. According to Wilkins, the religious exemption only applies to organizations that limit membership or admission to members of a certain religion.
Additionally, Wilkins ruled that the First Amendment’s protections for religious expression did not apply to the case, as hiring a food service worker who happened to be married to a same-sex spouse would not interfere with Fontbonne’s ability to express its opposition to same-sex marriages.
“[Fontbonne’s] mission is to provide an education to young women rooted in gospel values and the teachings of the Catholic Church,” Wilkins wrote in his opinion. “It encourages debate, including on issues of same-sex marriage, and does not prohibit students from exploring and even advocating ideas and positions contrary to church teachings. Barrett was hired as a Food Service Director, whose job duties do not include ‘formally presenting the gospel values or the … teachings of the Catholic Church.’ He was not denied employment for any advocacy of same-sex marriage or gay rights; he only listed his husband as an emergency contact on his ‘new hire’ form. Nothing on that form suggested that Barrett claimed his marriage to have sacramental or other religious significance or that it was anything but a civil marriage relationship. Fontbonne presents no evidence of advocacy by Barrett.”
“Religiously-affiliated organizations do not get a free pass to discriminate against gay and lesbian people,” Bennett Klein, a senior attorney with Gay & Lesbian Advocates & Defenders (GLAD), which is representing Barrett, said in a statement. “When Fontbonne fired Matt from a job that has nothing to do with religion, and simply because he is married, they came down on the wrong side of the law.”
Klein told The Patriot Ledgerthat he expects the school to appeal the decision. A spokeswoman for the school told the Ledger that school officials “have received the court’s decision in this matter and are considering our options.”
If the school decides not to appeal, the two sides must determine whether there will be a trial to determine the amount in damages that Fontbonne would owe to Barrett, who has since taken a job with the Milton public school system.
“I’m ecstatic,” Barrett said in a statement. “Whay happened to me was wrong, and I truly hope it doesn’t happen to anyone else.”
With Obergefell at risk and 32 states poised to restrict same-sex marriage, LGBTQ advocates push to enshrine protections at the state level.
By Maximilian Sandefer
August 6, 2025
On June 22, 2022, the Supreme Court issued a landmark decision with Dobbs v. Jackson Women's Health Organization. Abortion rights were now no longer guaranteed nationwide as the issue was left up to the states. This shock reversal of over 49 years of precedent left reproductive rights activists scrambling as anti-choice state laws stemming from as far back as 1864 were revived and reinstituted.
As people's ability to access to reproductive care dwindled in conservative-led states, activists also found their footing. The 2024 election saw abortion rights ballot measures win in seven out of ten states. As we navigate a landscape where it will likely be a long time before we see any form of successful federal legislation protecting a woman's right to choose, state-by-state activism seems to be the driving force behind change.
Chris Kostka, a gay man visiting Provincetown, Massachusetts, was walking along Bradford Street between 1 and 2 a.m. on Monday, June 30, when, near Howland Street at the town’s eastern end, three men shoved him to the pavement and began kicking him while yelling anti-gay slurs.
"All of a sudden I just feel myself getting pushed to the ground," Kostka told Boston NBC affiliate WBTS-CD. "I fly forward and I turn. I see three guys, and of course, I'm stunned from just being thrown to the pavement, and I just cover my face, go into a fetal position as I'm getting kicked and getting called some gay slurs."
Roman Catholic priests will continue to be permitted to offer blessings to individuals in same-sex relationships under Pope Leo XIV, maintaining a policy approved by his predecessor, Pope Francis, that has drawn criticism from conservative Catholics.
The continuation of the policy was confirmed on July 3 by Cardinal Victor Manuel Fernández, head of the Vatican’s doctrinal office, in an interview with the Rome-based daily Il Messaggero. The Vatican did not issue an official statement, according to the National Catholic Reporter.
These are challenging times for news organizations. And yet it’s crucial we stay active and provide vital resources and information to both our local readers and the world. So won’t you please take a moment and consider supporting Metro Weekly with a membership? For as little as $5 a month, you can help ensure Metro Weekly magazine and MetroWeekly.com remain free, viable resources as we provide the best, most diverse, culturally-resonant LGBTQ coverage in both the D.C. region and around the world. Memberships come with exclusive perks and discounts, your own personal digital delivery of each week’s magazine (and an archive), access to our Member's Lounge when it launches this fall, and exclusive members-only items like Metro Weekly Membership Mugs and Tote Bags! Check out all our membership levels here and please join us today!
You must be logged in to post a comment.