A district court judge has denied a defense motion to dismiss a lawsuit against Utah Episcopal Bishop Carolyn Tanner Irish brought by the church's lawyer, whom she fired last October.
In a ruling Wednesday, 3rd District Judge William Thorne said the issues in a suit by Stewart M. Hanson Jr. against Bishop Irish will have to be resolved at trial. Hanson contends the Episcopal Diocese of Utah reneged on his employment contract.Hanson, an unsuccessful 1992 Democratic candidate for governor, served as chancellor under three bishops from 1982 until last fall. A chancellor is appointed and responsible for acting as a canon law adviser and civil legal counsel.
Alan Sullivan, Bishop Irish's attorney, had argued her decision to fire Hanson was shielded from judicial review by the First Amendment's protection of freedom of religion.
In his 10-page decision, Thorne disagreed, writing the church's motion to dismiss failed on two of its own arguments. Namely, any decision from the district bench would entangle the court with religion, violating U.S. and Utah constitutions, and the contract violates public policy and the professional rules of ethics.
"The contract appears to be outside of ecclesiastical matters; so far, the claims appear to be based upon contract law," Thorne wrote. "It seems the claims can be resolved without involving church doctrine, law or polity."
Thorne did dismiss a claim about Hanson's wages, though.
Hanson maintained Bishop Irish, who became the 10th bishop of the diocese in June and terminated Hanson Oct. 11, must continue to pay him until June 2004 under contract terms reached with previous Bishop George E. Bates.
Hanson had argued the contract provided a future bishop could fire him, but the diocese would have to pay him 110 percent of his salary, plus cost-of-living benefits.
Sullivan said, based on Hanson's initial salary of $176,000 a year plus benefits, Hanson would have to be paid between $1.5 million and $2 million.
Thorne threw out this claim, citing case law in another state had determined "the term `wages' was restricted to compensation due for work actually performed and did not apply to unpaid amounts for the remainder of a contract term."