Former Eastside Catholic vice principal Mark Zmuda, ousted after the school learned he had married his male partner, will announce Friday that he is suing the school and the Catholic Archdiocese of Seattle for wrongful termination and seeking damages.

Zmuda alleges, in his filing, that the decision to terminate his employment at the Sammamish prep school was made by Catholic Archbishop J. Peter Sartain. The school acknowledges that Eastside Catholic president Sr. Mary Tracy discussed the case with Sartain.

“Our attorneys will immediately file a motion to dismiss the compaint,” Tom Padilla and Brad Bastion, acting chairs of the Eastside Catholic board, said in a letter to the school community.

The Catholic Church opposes marriage equality and has a provision in educators’ contracts that provides for adherence to church teachings. According to filings from both sides in the case, Eastside Catholic knew in January of 2013 that Zmuda was gay.

He was married in July, and school officials learned of the marriage in November. According to a court filing from the school and Archdiocese, Tracy and Zmuda discussed “creative ways for Plaintiff to comply with the teachings of the Church.”

“I was definitely terminated: I did not resign,” Zmuda told a rally of supporters at the St. Joseph Church parish hall earlier this year.

The ouster, just before Christmas break, set off protests at the Sammamish School and demonstrations outside the archdiocesan chancery. A nationwide petition campaign drew thousands of signatures in support of “Mr. Z.”







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Photo: Courtesy photo Image 1 of / 4 Caption Close Image 2 of 4 Students at Eastside Catholic High School participate in a sit-in at the school in Sammamish. Students protested after Vice Principal Mark Zmuda was forced to resign after officials with the Archdiocese of Seattle discovered he entered into a same-sex marriage earlier this year. less Students at Eastside Catholic High School participate in a sit-in at the school in Sammamish. Students protested after Vice Principal Mark Zmuda was forced to resign after officials with the Archdiocese of ... more Photo: Courtesy photo / special to seattlepi.com Image 3 of 4 Students at Eastside Catholic High School march to 228th Avenue SE during a walkout and sit-in at the school in Sammamish. Students protested after Vice Principal Mark Zmuda was forced to resign after officials with the Archdiocese of Seattle discovered he entered into a same-sex marriage earlier this year. less Students at Eastside Catholic High School march to 228th Avenue SE during a walkout and sit-in at the school in Sammamish. Students protested after Vice Principal Mark Zmuda was forced to resign after ... more Photo: Courtesy photo Image 4 of 4 Ousted Eastside Catholic vice principal fired for his gay marriage will sue 1 / 4 Back to Gallery

Eastside Catholic students have sold T-shirts bearing the likeness of Pope Francis and the pope’s famous quote about gays: “Who am I to judge?” The swim team, which Zmuda coached, went into a December match with “Mr. Z” scrawled on swimmers’ backs.

In papers seeking dismissal of the suit, filed with King County Superior Court, Eastside Catholic and the Archdiocese argue: “Plaintiff’s action should be dismissed because the court does not have jurisdiction to adjudicate Plaintiff’s claims without violating the 1st Amendment.”

“When plaintiff was hired, he signed and was bound by the Employee Handbook . . .,” the defendants add. They note as well that the school is subject to certain requirements of Canon law established by the Catholic Church.

The Handbook provides that faculty and staff will “serve the legitimate Roman Catholic religious values of providing a suitable Catholic education for children”, as well as “guide students by using the teachings of the Catholic Church and loving example of Jesus Christ.”

The Eastside Catholic/Archdiocese filing reveals additional facts about origins of a controversy that went national. These include:

–Zmuda was hired in May of 2012 and began work in July of that year;

–“Eastside Catholic was aware that Plaintiff had a domestic partner at the time Plaintiff was hired as vice principal of Eastside Catholic.”

–In school forms, when asked for a home or emergency contact, Zmuda listed his partner as “roommate.”

–In January of 2013, parents and others raised concern about “public photos posted on Plaintiff’s Facebook page that were inappropriate for a representative of the school and inconsistent with the Catholic faith-based values of the school.”

–Zmuda acknowledged on January 11, 2013, that he was a gay man. He agreed to take down the Facebook page that had raised hackles.

–Eastside Catholic sent Zmuda a letter, after discussion of the Facebook pictures, that reminded him that his “public behavior” should be “consistent with the values and teachings of the Catholic Church.” Zmuda was asked to sign and return the letter. He did.

–Zmuda was married in July, and Eastside Catholic administers learned of his wedding early in November of 2012.

The Estside Catholic/Archdiocese filings make statements about Zmuda’s faith, arguing: “As a Catholic, Plaintiff was arware of and was committed to the Magisterium of the Catholic Church.” They note that Zmuda served as a ehcuaristic minister and lay reader at mass.

Zmuda has talked about what happened after school officials learned of his summer wedding, saying: “They told me that unfortunately, because I had married a man, it was against Catholic social teaching and they had to let me go.”

While the school expressed praise for Zmuda’s performance as vice principal, East Side Catholic has said it will not rehire him.

Sr. Mary Tracy resigned as president of Eastside Catholic during the furor that followed Zmuda’s ouster.

National polls show that a majority of lay Catholics support same-sex marriage, in a percentage greater than the population as a whole. A bevy of Catholic governors — Andrew Cuomo, Jerry Brown, Martin O’Malley and Christine Gregoire — have championed marriage equality in their states.

The Catholic hierarchy, however, remains adamantly opposed to marriage equality. The National Conference of Catholic Bishops even filed a brief with the U.S. Supreme Court defending the anti-gay Defense of Marriage Act.