Religious Freedom Under Attack
by: Attorney Brad Dacus
Posted October 26, 2005
Appeal Filed on Behalf of Employee Suspended for Expressing Religious Beliefs
Sacramento, CA - Attorneys with Pacific Justice Institute have filed an appeal
with the California State Personnel Board on behalf of an employee who was harshly
disciplined for sending an e-mail expressing her religious beliefs.
The employee, who works for a large state agency in Sacramento, read an article
in a national magazine which featured a lesbian lawyer and her partner. The article
quoted the lawyer as stating, "Hypocrisy occurs when religion is used to justify
why two people should not be married." The employee was troubled by this statement
and e-mailed the lawyer while at work to politely express her own beliefs concerning
religion, homosexuality, and hypocrisy. She also quoted several verses from the New
Testament.
Even though the magazine article addressed a controversial issue and had been published
for an estimated readership of seven million people, the lesbian lawyer was greatly offended
by this opposing viewpoint. She contacted the employee's supervisors, as well as high-level
state officials, demanding action against the employee for "harassing conduct and
improper use of government resources." In particular, she cited the employee's mention
of Bible verses as being harassing. Supervisors at this agency have indicated in the past
that employees may occasionally use their e-mail accounts for personal reasons; nevertheless,
an investigation was launched and the employee was stunned to learn that she was being suspended
thirty days without pay. She has just finished serving that suspension.
"Hypocrisy occurs when religion is used to justify why two people should
not be married."
Pacific Justice Institute recently became involved with this case and has now filed an
appeal with the State Personnel Board. The appeal points to numerous Supreme Court precedents
protecting the right of government employees to speak out on issues of public concern. It also
shows blatant misapplication of several policies in this case - including sexual harassment -
and it documents many similar uses of e-mail which have gone unpunished.
Matthew McReynolds, the PJI Attorney who represents this state employee, commented,
"Punishing this employee for privately expressing a religious viewpoint was not only
unprecedented; it was unconstitutional. We will not stand idly by while free speech is
flattened by political correctness."
Brad Dacus, President of Pacific Justice Institute, stated, "It is imperative that
we preserve the rights of workers to express their religious convictions - especially when
they are acting in their personal capacity."
Poll Question - Give us your opinion: Do you feel that religious viewpoints are tolerated in your workplace?
The Pacific Justice Institute is a non-profit 501(c)(3) legal defense
organization specializing in the defense of religious freedom, parental rights, and other
civil liberties.
P.O. Box 276600 Sacramento, CA 95827-6600
Phone: (916) 857-6900
Fax (916) 857-6902
Internet: www.pacificjustice.org
Contact: Attorney Brad Dacus (916) 857-6900
