Interesting Religious Speech Case

A teacher at a cosmetology school finds out one of her students is gay (not a big shock). She decides to place two religious pamphlets in his smock during instructional time and tell him to read them and discuss it with her later. The student complains to the school about this behavior. The school does an investigation and finds out that she has done the same thing to other students in the past. The school writes her a letter telling her to cease doing such things as it is inappropriate and not germane to her job. The next semester, they decide not to re-hire her and she files a suit claiming the school has violated her free exercise and free speech rights, among others.

The district court issued summary judgment on behalf of the school, as there were no questions of fact in dispute between the parties. Yesterday, the 7th circuit court of appeals upheld that ruling. They are correct to do so. Of course an individual has free speech and free exercise rights, but that does not mean that an employer cannot place restrictions on exercising them while they are doing their job. No company needs to tolerate an employee using company time to proselytize, especially when such behavior is likely to injure their business (imagine a salesperson berating a potential buyer for being the wrong religion, or being gay).

Incidentally, the pamphlets were actually Jack Chick tracts, Doom Town and Sin City. They're every bit as appalling as you might imagine.

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Jack Chick tracts are an insult to the intelligence of everyone, everywhere.

No no no, Ed you don't understand. You are taking away her right to waste school time to push her religion. They should let go all the students that go home after school and sleep with someone of the same sex, becuase...ah...ah...well just because they think it is a sin, and sinners should not be allowed to make their way in the world. Gee they should be stoned to death, by just not allowing them to go to school or get a job or find a place to live is being generous. Christians are just so wonderful allowing them to live and everthing.

It makes perfect sense right?? right? This is America, right, the Christian only country, right?

I went over and read the 'doom town' tract oh my gosh is it funny. Funny as it pathetic that humans actually feel this way or can imagine homosexuals acting in such a manner.

They literally view gays as predators looking to fill any available opening.

The school was certainly right in telling her to knock it off, but I'm not entirely sure they were right not to rehire her. It would depend on her behaviour after being reprimanded.

By CaptainMike (not verified) on 20 Sep 2006 #permalink

Those tracts were hilarious!

CaptainMike wrote:

The school was certainly right in telling her to knock it off, but I'm not entirely sure they were right not to rehire her. It would depend on her behaviour after being reprimanded.

Well, they at least did not break the law by doing so. Given her behavior, when it comes time to hire for the next semester, it's perfectly reasonable for them to decide someone else is better for the position.

If you have such a dislike of gays, I really think cosmetology school is the last place you should be teaching.

"Cosmetology school teacher shocked to find gay students!" would make a mighty fine Onion headline.

By MJ Memphis (not verified) on 20 Sep 2006 #permalink

I loved "Zanah" the demon in the Sin City, and the reference to child molestation in Sodom -- funny thing is, I can't find the first reference to child molestation in Gen 19. I guess Chick just used his "creative license"?

All it says is that when people came to, apparently, "have at" the angels [men] that visited the city, the people who circled Lot's house to get them were "young and old". This doesn't imply, even granting that the "young" here are children, rather than young adults, that old were molesting young, but that young themselves were seeking to "know" the angels. And, these people are hardly as violent as Chick implies, given that the passage there says that Lot went outside of his house to reason with them, and strike a bargain [with his "much less valuable" daughters, of course].

Long story short, where is the child molestation in Sodom and Gomorrah? I just can't find Chick's reference.

Why can't she be allowed to "teach the controversy?" This is just the ACLU trammeling on the rights of Christians -- again. When will it stop?

While were at it, I'm proud to say my member of Congress made the most corrupt list (Charles Taylor, R, NC 11). In fact, I'll wager his level of corruption against anyone.

Long story short, where is the child molestation in Sodom and Gomorrah? I just can't find Chick's reference.

There is such a reference in Genesis 19, and it does involve Lot. However it occurs after Lot leaves Sodom and Gomorrah. See here.

In other words, if one is 'righteous', like Lot, the truth will be cleverly spun until it appears one's victims were the perpetrators. I think this kind of spin is a key inspiration for Jack.

The school was certainly right in telling her to knock it off, but I'm not entirely sure they were right not to rehire her.

I think they were right not to rehire her. In many jobs, one can say, simply, that proselytizing is a waste of time. But when you also have the teacher/student power relationship, that proselytizing is actually quite unethical, too.

The school was certainly right in telling her to knock it off, but I'm not entirely sure they were right not to rehire her.

For me it becomes pretty decisive if you simply switch the minority. Imagine if she had slipped in some literature about how black people should know their place and stop trying to get degress and live like white people because they just weren't intelligent enough. Put that way, she can count herself lucky not to have been sacked on the spot.

Ed, Jason, and Matthew,

You all make valid points. I withdraw my statement.

By CaptainMike (not verified) on 20 Sep 2006 #permalink

CaptainMike: I think Marcie should just be glad Black Leaf wasn't a Call of Cthulhu character.

By Technogeek (not verified) on 20 Sep 2006 #permalink

Good lord (er, as it were) those are quite splendid! You do learn so many new and interesting things on this blog, you really do!

I assume this also covers that naughty, naughty Harry Potter fellow as well. Always a wrong 'un, that lad.

Captain Mike - that was a great link. I just had to send it to my old guitar player, he also runs a RPG. The last place you would find him is in any sort of religious/spiritual ritual - excepting weddings or funerals.

llewelly,

Yeah, I know about that story, but, to be fair, it doesn't say that the daughters were kids.

On another note, I chortled at the "reverse cowgirl" position taken by daughter #2 -- I guess she likes it better that way, but I thought missionary was the only True Christian(R) position?

Just read the Dark Dungeons tract. I consider myself a poor loser at board games and have been known to topple the odd gameboard on an occassion or two...I have yet to try to kill myself three weeks after the fact because I made a boneheaded move on a board game. But then again, Praise Jeebus, I've never played Dungeons and Dragons. I have watched The Lord of the Rings trilogy a couple times and, JEEBUS I REPENT!, I OWN them on DVD, EXTENDED EDITIONS AT THAT! and Harry Potter films too!

Oh wait...The Lord of the Rings is good witchcraft right? I can never get it straight. That Potter kid is still evil though...better chuck that onto the pyre.

By Russell Claus (not verified) on 21 Sep 2006 #permalink