Unravelling 'Ethos' and section 37(1): the experiences of LGBTQ teachers

Section 37 (1) of the Employment Equality Act allows religious institutions to differentiate in the recruitment of employees in order to maintain religious ‘ethos’. It also facilitates legal action against an employee who is undermining the ‘ethos’ of a religious institution. Several factors have ensured that this piece of legislation is of particular concern for Lesbian, Gay, Bisexual, Transgender and Queer teachers in Ireland. Firstly, many religious teachings have traditionally marked LGBTQ sexualities as illegitimate. Secondly, the majority of Irish schools are under religious patronage — 96% of primary schools (91% Catholic) and 52% of second-level schools (48% Catholic). Thirdly, the nature of the teaching profession is such that a careful watchfulness of the professional/private divide is required by all teachers. This poses unique problems for LGBTQ teachers who struggle to find ways to be open about an identification other than heterosexuality. Finally, there have been several cases in recent years in the US where LGBTQ teachers have been dismissed from teaching positions on the grounds that they were undermining the ‘ethos’ of their school. The majority of these cases have come about because of entering into a marriage or civil union.