A former assistant principal in Denver, Colorado named Corey McNellis has had his lawsuit reinstated against the Douglas County School District for firing him in 2020. The district terminated him after he used his Christian beliefs to attack a play about gay hate crime victim Matthew Shepard. An appeals court reinstated his lawsuit against the school.
“We are not persuaded Mr. McNellis has alleged any facts that, if true, would constitute direct evidence of discrimination,” wrote the unanimous panel of three judges on the 10th U.S. Circuit Court of Appeals. “But we conclude Mr. McNellis has alleged facts that, from circumstantial evidence, ‘give rise to a reasonable inference of discrimination’ based on his religion.”
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The court’s decision means that the merits of his lawsuit will be determined in a court battle with the school. The decision, however, does not decide the outcome of the lawsuit, only that it will continue in lower court proceedings.
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The play, The Laramie Project, seeks to accurately depict the reactions of the Wyoming town to the murder of gay college student Matthew Shepard in 1998. McNellis had issues with the portrayal of Christian leaders in the play, as they shared “unsavory opinions.” He offered to provide a “Christian perspective” to the play.
He said in an email reply to the play’s announcement, “As a Christian I would love to collaborate with your project. Please let me know if the love that Jesus can provide will help your play,” adding, “I understand people support this. Forgive me for having a different viewpoint and the audacity to publicly share it.”
McNellis has been described as part of a “good ole boys club” at the school.
His lawsuit against the school was announced in 2022, however it was quickly dismissed by U.S. District Judge Raymond Moore. McNellis sought to appeal this decision, which led to the appeals court reversing the dismissal of one of his claims.
McNellis had initially argued that he was retaliated against on the basis of free speech and discriminated against by other provisions forbidden by Title VII and the Colorado Anti-Discrimination Act (CADA). The panel of judges dismissed the retaliation claims, but suggested that it was plausible he was discriminated against for his beliefs, and so the case merits further examination.
The panel consists of Circuit Judges Robert Bacharach, an appointee of former President Barack Obama; Veronica Rossman, an appointee of President Joe Biden; and Harris Hartz, who was appointed by former President George W. Bush.
McNellis is the sole plaintiff, and the Douglas County School District is the sole defendant.
