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McEnroy v. St. Meinrad Sch. of Theol., 713 N.E.2d 334 (Ind. Ct. App. 1999)

This case involved the dismissal of a tenured faculty member from the Saint Meinrad School of Theology who signed an open letter to the Pope, asking that continued discussion be permitted concerning the question of ordaining women to the priesthood. Dr. McEnroy signed the open letter as a private citizen but was fired for "public dissent," and sued the institution for breach of contract. AAUP censured Saint Meinrad on due process and academic freedom grounds triggered by Dr. McEnroy's dismissal. AAUP filed an amicus brief in July 1998, arguing that the professor's dismissal violated the institution's own policies, and emphasizing the importance of academic freedom and due process rights of faculty members at religiously affiliated institutions. In June 1999 the Court of Appeals of Indiana ruled that the court lacked subject matter jurisdiction over the case because the action would "excessively entangle the court in religious matters in violation of the First Amendment." The Indiana Supreme Court denied Professor McEnroy's motion to transfer the case.

Status: Professor McEnroy appealed to the U.S. Supreme Court, but the Court denied certiorari in April 2000.