Faithandthelaw's Blog

The law as it relates to Christians and their free exercise of religion

Posts Tagged ‘bullying’

Federal Judge: Teacher Who Punished Student for Expressing Catholic Belief Against Homosexuality Violated Student’s First Amendment Rights

Posted by goodnessofgod2010 on June 20, 2013

news_img_3584ANN ARBOR, MI – The Thomas More Law Center today announces a victory in their lawsuit against teacher Johnson McDowell of Howell High School in Howell, Michigan. Federal District Judge Patrick J. Duggan of the Eastern District of Michigan issued his opinion yesterday.

The Court declared the teacher’s actions in punishing Daniel Glowacki for expressing his beliefs against homosexuality violated “Daniel’s First Amendment rights.” In its findings of fact—the Court described how the teacher initiated a discussion about homosexuality. The teacher wore a purple t-shirt and was promoting the homosexual agenda. In response, the Plaintiff, 16 year-old Daniel Glowacki stated that homosexuality was against his Catholic beliefs. The teacher, admittedly, became angry and threw Daniel out of class because he disagreed with Daniel’s beliefs.

The teacher in the lawsuit tried to blame Daniel and claimed he caused a disturbance in the teacher’s classroom. The teacher’s claims were wholly unsupported by all of the other evidence in the case, including affidavits of students in the classroom and the teacher’s own earlier statements. The teacher also tried to argue that Daniel’s religious statement was tantamount to “bullying.” The Court dismissed that claim as well, holding that Daniel’s speech could not be silenced because the teacher did not like Daniel’s religious beliefs and viewpoint.

The Court’s opinion echoed the longstanding legal precedent that “students do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 506 (1969).

The teacher argued that Daniel’s speech that his religion did not approve of homosexuality was a bullying statement. However, Judge Duggan, citing several cases, disagreed (citations and quotations omitted).

While the Court certainly recognizes that schools are empowered to regulate speech to prevent students from invading the rights of other students, people do not have a legal right to prevent criticism of their beliefs or for that matter their way of life. Relatedly, a listeners’ reaction to speech is not a content-neutral basis for regulation. While a student or perhaps several students may have been upset or offended by Daniel’s remarks, Tinker straight-forwardly tells us that, in order for school officials to justify prohibition of a particular expression of opinion, they must be able to show that this action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint. Simply put, the law does not establish a generalized hurt feelings defense to a high school’s violation of the First Amendment rights of its students.

Thomas More Law Center attorney, Erin Mersino was the lead counsel in the lawsuit. It is expected that the teacher will appeal the decision.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commenting on the favorable court decision, stated:

“The purpose of our lawsuit was to protect students’ constitutional rights to free speech, defend religious liberty, and stop public schools from becoming indoctrination centers for the homosexual agenda.”

The Thomas More Law Center originally filed its federal lawsuit back on December 14, 2012 against the teacher, Johnson McDowell, and the Howell Public School District. The claims against the School District were dismissed, and the Court held that the teacher alone was the responsible party.

The ACLU appeared in the case as amicus and supported Daniel’s position against the teacher.

Courtesy of http://www.thomasmore.org/

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Real Bullies: The Homosexuality Is Normal Movement

Posted by goodnessofgod2010 on March 25, 2013

bullyThink of us as crew members on the starship Enterprise of the Star Trek TV show, boldly going where no one has gone before. Folks, this is what it feels like challenging the Homosexuality Is Normal Movement. It is extremely dangerous.

Homosexual activists attempt to humiliate and politically destroy anyone who dares even criticize their agenda. Meanwhile, the MSM (mainstream media) casts us who believe marriage should remain between one man and one woman as the aggressors, as hate-filled villains.

Have the Homosexuality Is Normal Movement stolen our kids? Despicably, while we were not looking, homosexual activists sneaked their agenda in the back doors of our elementary schools, indoctrinating our kids early. Unquestionably, lack of access to your child for indoctrination contributes to the Left’s hatred for home schools and their relentless attempts to close them down.

Here is another example of homosexual activists’ in-your-face, aggressive indoctrination of our kids. A Massachusetts charter school, grades 7-12, will host a production of the play “The Most Fabulous Story Ever Told,” a retelling of the biblical story of Genesis with gay characters. Keep in mind, folks, that American schools have a cow when a kid brings a Bible or wears a t-shirt with religious, patriotic, or U.S. Military images. And yet, this school gleefully hosts a play which blasphemes Christianity while promoting homosexuality.

Our forty-year-old son and twenty-year-old granddaughter support homosexual marriage. Their attitude is What’s the big deal? It is only fair that gays be allowed to marry. America’s youths are parroting the liberals’ argument that opposition to same-sex marriage is discriminatory and bigoted. According to a Washington Post-ABC News poll, support for gay marriage is at 65 percent among those 18 to 29 years old. The gay marriage approval rating is probably even higher among high school kids.

A twenty-something-year-old Christian youth pastor picked me up from the airport in California. Justifying his support of same-sex marriage, he said, “God does not care who we love.” Wow, I could hardly believe my ears. This young man, who claimed to be a minister of God, chose to ignore the Bible and spout the liberal pop-culture spin.

From cooking shows to home improvement and everything in between, it has become difficult to watch TV without the Homosexuality Is Normal agenda being forced down your throat. If you do not believe that these people are outrageously aggressive, listen to this. The Green Street United Methodist Church will not perform heterosexual marriages until gays can marry.

Folks, I have dear friends and beloved relatives who are homosexual. I am loving and kind to their mates. My 85-year-old dad has been a Christian pastor over 50 years. Dad said he loves the homosexuals in his life, but they know where he stands on this topic, which is the biblical view.

Dad’s tolerance is not enough to please the aggressive Homosexuality Is Normal Movement bullying America today. They seek to politically bend Dad’s arm behind his back, forcing him to declare homosexuality normal, against his faith.

My point is, homosexual activists are extremely aggressive while portraying themselves as innocent victims of an intolerant society. In reality, we who believe in traditional values are the ones being bullied. The MSM gang vilifies anyone who dares to stand up for traditional marriage. Come hell or high water, they are going to make us embrace homosexuality as being normal by severely punishing those who refuse to comply.

And will someone please tell me why homosexual activists are so hell-bent on forcing Christian institutions to betray their faith by embracing the homosexual agenda? Homosexual activists have sued the Boy Scouts of America and launched a war on the Catholic Church.

No one is opposing homosexuals doing their own thing. Rather than aggressively trying to infiltrate the Boy Scouts and the Catholic Church, why not form their own Fabulous Scouts of America and the Church of If It Feels Good, Do It and leave Christian institutions be?

Christian institutions are simply saying you cannot come into our house and force us to change the rules – especially when those rules come from God. And what is the MSM’s response to Christian institutions defending their religious freedom? The MSM campaigns to brand the Boy Scouts of America and the Catholic Church intolerant haters. We are living in crazy, insidious, evil times, folks.

The Homosexuality Is Normal Movement takes no prisoners – not even new Pope Francis. They have already begun finding fault with him because he is against gay marriage and gay adoption.

Question: will homosexual activists get away with branding the pope a hater?

The Homosexuality Is Normal Movement is not made up of passive, well-meaning victims simply seeking tolerance and their place in the sun. They are relentless, viscious, and hell-bent on forcing all of us, particularly Christians, to say their behavior is normal.
Read more: http://www.americanthinker.com/2013/03/real_bullies_the_homosexuality_is_normal_movement.html#ixzz2ObVYHdl4
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