“As the New Jersey Supreme Court recognized, religious schools have a right to require their teachers to follow their faith in word and in deed,” Rassbach said, adding that “although the ruling centers on New Jersey law, it will have knock-on effects around the country as a persuasively written decision.”
Rassbach emphasized that just like Catholic or other religious schools, “it is crucial for Orthodox Jewish institutions in New Jersey to have autonomy in religious matters.”
The case revolved around Victoria Crisitello, a former art teacher at St. Theresa Catholic School in Kenilworth, New Jersey, in the Archdiocese of Newark.
Crisitello’s employment was terminated because she violated the terms of her contract by engaging in premarital sex, according to court documents. Crisitello’s contract required that she abide by Catholic moral teaching, including regarding sexual behavior.
St. Theresa’s principal at the time, Sister Theresa Lee, decided to not renew Crisitello’s contract in 2014 after she revealed she was pregnant, despite not being married, according to Becket.
Later that year Crisitello sued the school for discriminating against her based on her pregnancy and marital status.