United States Third Circuit

In a case involving the firing of a private Catholic school teacher after she signed her name to a pro-choice advertisement in a newspaper, grant of defendants' motions to dismiss is affirmed where: 1) plaintiff failed to state a claim upon which relief could be granted with respect to two counts because her signing the pro-choice advertisement was not protected conduct under Title VII's opposition clause; and 2) her third count failed as Congress has not clearly expressed an affirmative intent to apply Title VII to a claim against a religious employer in the present context.

Appellate Information

• Argued 01/17/2006
• Decided 06/07/2006
• Published 06/07/2006

Judges

• Before FUENTES, ROTH  and BECKER , Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thomas S. Neuberger, Esquire, (Argued), Stephen J. Neuberger, Esquire, The Neuberger Firm, P.A. Wilmington, DE, for Appellant.


• For Appellees:
  
• Barry M. Willoughby, Esquire, (Argued), Timothy Jay Houseal, Esquire, Michael P. Stafford, Esquire, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, for Appellees, The Ursuline Academy, Griffin and Botto., Anthony R. Picarello, Jr., Esquire, (Argued), Derek L. Gaubatz, Esquire, Jared N. Leland, Esquire, The Becket Fund for Religious Liberty, Washington, DC, Stephen E. Jenkins, Esquire, Ashby & Geddes, Wilmington, DE, for Appellees-Defendants, Saltarelli and Diocese.