A former Douglas County high school administrator did not credibly allege he was discriminated or retaliated against because of his status as a Christian, a federal judge decided this week in dismissing the lawsuit.

Corey McNellis worked at Ponderosa High School for 14 years and was the athletic director and assistant principal at the time of his termination in October 2020. According to McNellis, the school district fired him because he stated that, as a Christian, he had concerns about an upcoming school play. Specifically, he asked whether the “love that Jesus can provide will help” the play.

On Aug. 28, U.S. District Court Senior Judge Raymond P. Moore concluded McNellis failed meet the legal standard for a discrimination or retaliation claim. The U.S. Supreme Court has established that public employees’ right to free speech is more limited, and McNellis needed to show, among other things, that his comments were not connected to his official duties.

Because McNellis spoke out about the play on a staff-wide email list and specifically mentioned he was writing “as an employee,” Moore determined the speech was not shielded from discipline.

Moreover, he wrote, “the Complaint lacks factual allegations that would establish that Plaintiff’s emails were a motivating factor in his firing.”

On Oct. 2, 2020, Ponderosa’s theater director sent an email to school staff alerting them about an upcoming production of “The Laramie Project.” The play addressed the reaction to the 1998 murder of Matthew Shepard around Laramie, Wyo. The degree to which Shepard’s status as a gay man motivated the crime is disputed.

The theater director’s email clarified the livestreamed play was not intended to “push any kind (of) agenda,” and cautioned staff that there may be “students who have an aggressively adverse reaction to our show.” Multiple school employees responded to praise the choice of production.

McNellis, in four separate emails, was more critical:

? “As a Dad of a student here and also as an employee in the school, what is my recourse if I disagree with the production?”

? “As a christian I would love to collaborate …. Please let me know if the love that Jesus can provide will help your play.”

? “For the record, all of administration does not agree with me on this. I am totally solo.”

? “Forgive me for having a different viewpoint and the audacity to publicly share it.”

Douglas County School District then investigated McNellis’ emails, placing him on leave. Later that month, the district terminated him. A subsequent letter from Ponderosa’s principal at the time, Tim Ottman, alleged the contents of McNellis’ emails were the “catalyst for his firing,” although Ottman admitted the termination “wasn’t my decision to make.”

McNellis then sued, alleging discrimination on the basis of his religion and retaliation for exercising his First Amendment right to free speech. The school district moved to dismiss his complaint, arguing McNellis’ allegations did not amount to a legal violation.

“McNellis seems to believe he states a claim by simply alleging he was terminated at least in part for writing emails in which he stated he was a Christian and mentioned Jesus. Not so,” wrote the district’s lawyers.

Moore sided with the district. Under the Supreme Court’s test for determining whether a public employee’s speech is protected, statements cannot be made pursuant to the employee’s official duties and must be on a matter of public concern. McNellis’ messages from his school email account, sent only to other staff members and with the explicit admission that he was writing “as an employee,” indicated he was speaking as a school official, Moore concluded.

“Plaintiff’s professed disagreement with the play, both as a parent and as a Christian, is a matter of personal, rather than public concern,” he added.

While Moore acknowledged McNellis’ allegations suggested the emails were what prompted the district’s investigation, McNellis did not show how his employer ultimately made the decision to fire him. McNellis also needed to demonstrate that non-Christians received more favorable treatment than him, but he did not.

“Indeed, he fails to plead any facts about the religious beliefs of anyone associated with this case besides himself,” Moore wrote.

The case is McNellis v. Douglas County School District.