INDIANAPOLIS — Indiana Supreme Court today refused to throw out a lawsuit by a teacher who says he was fired from Cathedral High School because he is gay.

On Thursday, the court rejected a request from the Catholic Archdiocese of Indianapolis to dismiss the case.

Joshua Elliott Payne worked as a teacher at Cathedral for 13 years. He says the Archdiocese ordered him to be fired last year because he’s in a same sex marriage.

The Archdiocese says the firing is legal because the church has freedom of religion protections under the first amendment.