Written by Don Byrd
The long legal odyssey of fired high school science teacher John Freshwater may finally be at a close following yesterday’s ruling by the Ohio Supreme Court upholding his dismissal for insubordination. Freshwater refused the order of school officials that he remove religious displays and other items from his classroom. He also was accused of improperly infusing his science teaching with endorsements of Christianity.
While the order to remove his Bible from his desk crossed the line as a violation of his First Amendment rights, the court said, other requests refused by Freshwater were reasonable. His failure to heed them supports a finding of insubordination. Because of that, the court did not need to address broader constitutional questions regarding his religious expression in the classroom.
The Columbus Dispatch reports:
Freshwater, 57, a Mount Vernon teacher for 20 years, maintained that his Bible and other materials were meant to inspire, not indoctrinate his students. He argued that his First Amendment rights were violated when he was told to remove the items in 2008. His appeals cost the district more than $900,000.
“Freshwater’s First Amendment rights did not protect the display of these items,” [Chief Justice Maureen] O’Connor wrote, “because they were not a part of his exercise of his religion. Freshwater’s willful disobedience of these direct orders demonstrates blatant insubordination.”
Freshwater could still ask the Ohio Supreme Court for a reconsideration, or could appeal to the U.S. Supreme Court, which takes up only a very small percentage of the requests it receives. You can read the full opinion here. Religion Clause has some key quotes from the majority decision and the dissenting opinions here.
