Attorneys for the church and school are planning to respond with a motion arguing King County Superior Court does not have jurisdiction to hear the case without violating the First Amendment.
Eastside Catholic School decided the popular former school teacher and coach could no longer keep his job after marrying his same sex partner. The school officials claims it violates the agreement Zmuda had signed that said his public behaviors would at all times be consistent with the values and teachings of the Catholic Church. The attorney says the schools leadership would possibly rehire the ex-vice principal if he gets a divorce.
"I was asked by the school to break my wedding vows to keep my job," Zmuda said at a news conference Friday. "I was told I could either divorce or be fired. How could anyone ask anyone else to make that choice?"
However, Zmuda claims that the schools website and employee manual stated that it did not discriminate based on marital status or sexual orientation. The website has since removed any such statements.
"I am a lifelong Catholic," Zmuda said. "I am a gay man. I did not choose to be gay. I do not see any inconsistency in the teachings of Jesus and being gay."
Mark Zmuda was fired in December 2013.