A federal appeals court on Tuesday allowed a former assistant principal to move forward with a religious discrimination lawsuit against his former school district, who claims he was fired for “religious statements” he made in opposition to a school play about the brutal murder of a young gay man.
A three-judge panel of the U.S. 10th Circuit Court of Appeals overturned a lower court's dismissal of the case, saying plaintiff Corey McNelis had presented “sufficient circumstantial evidence from which an inference of discrimination could be drawn” against defendant Douglas County School District (DCSD).
“[McNellis] He claims he was treated less favorably than other DCSD employees and that DCSD's decision to fire him was ” [his] “It is based on 'religious belief,'” U.S. Circuit Judge Veronica Rothman, a Biden appointee, wrote in a letter to the court. “We agree.”
McNelis was fired in 2020, two years before filing his lawsuit. His firing followed a DCSD investigation into his “religious statement” in response to an email from the theater director announcing that the school's play would be “The Laramie Project.” The play is based on the 1998 death of college student Matthew Shepard, whose death has been widely viewed as “religious statement.” One of the worst anti-gay hate crimes In recent history.
McNelis wrote back, asking what recourse he had to voice his concerns about the play's selection “as a father of a student here and as an employee of the school.” The email, sent to all staff, sparked subsequent conversations, leading McNelis to send three further emails containing “religious comments” that allegedly formed the basis for his firing.
” [C]”I would love to collaborate with you on your project, Christian. Let me know if the love Jesus offers can help your play,” he wrote in one email, adding in a second, “I understand people are supporting this. Please forgive me for having a different perspective and having the audacity to share it publicly.”
“Let me go on record and say that not everyone in the administration agrees with me on this. I am completely alone. Good night Mustang!” he said in a third email.
The court noted that DCSD cited “religious speech” when administrators told McNelis he had to stay home the next day and when he was placed on administrative leave and informed of the religious speech investigation three days later.
When he was eventually fired less than a month later, “defendants directly cited McNelis' emails regarding the Laramie Project as the reason for his termination,” according to court documents.
“Here, Mr. McNelis' assertion that DCSD repeatedly cited his 'religious statements' prior to his investigation and termination demonstrates a plausible nexus between his termination and discriminatory motives. In these circumstances and at this stage of the proceeding, [his] “The allegations range from conceivable to plausible,” Judge Rothman wrote in his decision.
The Hill has reached out to McNelis' attorneys and the school district's attorneys for response.
Although the three justices disagreed with the lower court's decision to dismiss McNelis' bias claims, they agreed that McNelis had failed to prove his claims of retaliation and violation of free speech rights and upheld the lower court's dismissal.
The decision was unanimous. The other two justices on the bench were Judge Robert Bacharach, an appointee of President Obama, and Judge Harris Hartz, an appointee of President George W. Bush.
