Religious freedom is a cornerstone of our American republic. It is our responsibility to protect this integral aspect of our country because, without it, we would stray from our core values of liberty and freedom.
This sacred freedom has been under attack, especially in public education.
For too long, teachers have been told to leave their beliefs at the schoolhouse gate, forcing them to choose between public employment and their religious convictions and values. However, this should never be the case.
Teachers should not be forced to sacrifice or hide their religious beliefs because school administrators want them to, and they should not be held to a different standard simply because they are religious.
Jessica Tapia, a former teacher from Southern California, was held to a different standard because of her religion. Her school district created a religious litmus test to be a teacher, and because Jessica did not pass this test, the school district fired her.
Near the end of the 2021-2022 school year, Jessica received a notice of unprofessional conduct due to personal social media posts she had posted about her faith. To remain employed with the school district, the school district gave Jessia a list of directives to follow.
Some of these directives were based on hypothetical situations that Jessica did not experience during her employment.
Other directives required Jessica to lie to parents and students about gender identity, refrain from posting religious content on her personal social media, and allow boys into the girls’ locker rooms.
OUR SCHOOL DISTRICT FIRED US FOR SHARING GENDER IDENTITY POLICY IDEAS ON PERSONAL TIME
Jessica stated that those directives violated her faith and requested accommodations.
Instead of working with Jessica to reasonably accommodate her requests, the school district told Jessica she either had to comply with its directives or face termination. She was fired.
Just last month, we settled Jessica’s case against the school district for $360,000, ensuring that educators of faith around the country will not face religious discrimination – regardless of their beliefs – and can seek legal repercussions if they do.
This settlement shows school districts that there will be legal consequences for requiring teachers to violate their faith and right to religious liberty on the job.
Jessica’s constitutional rights were violated. We fought for justice in this case, and we hope that this settlement will empower educators to stand boldly in their religious convictions.
Jessica’s case is not unique. Teachers across this country face persecution every day.
School districts are pushing out the kinds of teachers that we want to teach our children—teachers who stand firm in their convictions and truth and who recognize parents as partners, not enemies, in educating children.
Jessica’s case does, however, stand as a turning point for teachers across this country. It reaffirms that religious rights are not second-class.
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This is why we launched Teachers Don’t Lie, a campaign dedicated to helping educators fight against religious discrimination by spreading awareness and providing free legal counsel.
We hope that this campaign empowers teachers to stand up for their religious beliefs.
Jessica was required to lie to parents about her students' gender identities. She was required to allow biological males to use female locker rooms. Yet, Jessica stood firm in her belief that the relationship between a parent and a child is sacred and chose to stand up for both children and parents.
No government, whether it be federal, state or local, has the authority to force employees to violate their religious beliefs on the job.
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Our case demonstrates to employees that they are allowed to maintain their personal religious beliefs without fear of persecution.
We hope to continue preserving this right for all educators of faith.
Jessica Tapia is a former physical education teacher at Jurupa Valley High School in California.