Ohio science/religion teacher Freshwater loses yet again

JISHOU, HUNAN — So, here’s the short version. The Ohio Supreme Court ruled, 4-3, last week that the Mount Vernon School District was well within its rights to fire teacher John Freshwater for insubordination, given that he repeatedly ignored orders to remove religious material from his classroom and from his teaching. The court’s ruling, however, sidestepped the thornier underlying question of how much discussion of creationism and Intelligent Design may be permissible in a science classroom. That question in fact was a large part of Freshwater’s appeal of a lower court’s decision. And the court’s failure to address the issue drew sharp words from the three dissenting judges. Writing for the dissent, Justice Paul E. Pfeifer writes: {¶ 105} What next? With the insubordination claim gutted, the lead opinion should have moved on to consider the constitutional issues remaining in the case. Instead, the majority walks away from the opportunity to provide helpful guidance to every school board in Ohio and to the thousands of great teachers who could benefit from knowing more about the extent of and limits on their academic freedom. Justice O’Donnell’s well-reasoned dissent addresses the issue, but goes unrebutted. In short, the majority shrinks from the ...
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