I agree with you.  However, I do think churches and church institutions have the right to use religious criteria in personnel decisions regarding those positions that are properly ministerial: clergy and catechists.  Beyond that is a slippery slope and I think the church is best advised not to straddle the slope.  Terminating choir directors, Eucharistic ministers, etc. may fall within what they can legally do -- but it falls far short of what they ought to do.  I read recently about a gay man who was not permitted to sing the Ave Maria at his grandmother's funeral -- despite the fact that the man is a life-long Catholic, was not in a relationship, and was known to the priest. What enormous damage this priest did -- and not only, or even especially, to the young man and his family.  He inflicted a wound on the parish and on the church.