Victory in Protecting Ginas First Amendment Rights
Its been a lengthy process, but were delighted to report a victory in the case of Gina, the college student in
As you recall, what happened to Gina was of grave concern to the ACLJ, and we became directly involved.
Heres the background: Gina maintained a 3.9 overall GPA and did very well on the first few philosophy class assignments; then her grades in the philosophy course dropped significantly after the question of Gods existence and attributes became the focus of class discussion. Gina read the assigned materials and participated in class discussions, presenting traditional philosophical arguments on whether God exists and whether He possesses certain characteristics such as being all-knowing or all-good. However, Gina was unwilling to state that she would reconsider her personal religious beliefs on Gods nature and existence, and her grades suffered as a result. The professor has stated that it is his job to get students to reject a belief in a sacred or unquestionable truth in favor of the rational view that science, logic, and philosophy are the only reliable sources of truth. While public college professors may encourage students to discuss and debate various philosophies and worldviews, they may not grade students upon their willingness to make personal, value-based statements or to abandon their religious faith.
One class assignment was particularly troubling. The professor stated that he would increase any students grade on a previous assignment to a 100 if he or she made the following statement on the courses online message board: I am _____________ (put your name here). I am not free because I am determined.
The sole basis for determining whether a student would receive free points was his or her willingness to make this personal, faith-based claim. Gina was posed with the difficult choice of either violating her religious beliefs by publicly declaring, I am Gina. I am not free because I am determined or being penalized by failing to receive extra points like her classmates. Although most or all of the rest of the class made the required statement and took the points, Gina chose to adhere to her faith because she could not, in good conscience, make that statement. This is not an example of philosophical discussion and debate but rather a professor using his position of authority to force students to state their personal agreement with his philosophical viewpoints.
The ACLJ immediately engaged this issue by sending correspondence to the schools attorney urging the community college to uphold the First Amendment rights of Gina. As you also remember, we were ready to go to court on Ginas behalf and file a lawsuit to protect her rights.
In fact, we sent a follow-up letter to the college providing additional facts and explaining that requiring students to state that they agree with a particular religious, political, or philosophical viewpoint in order to receive better grades violates the First Amendment. As the semester drew to a close, Gina believed that she would be given a D or a failing grade for the course based on the grades and comments she had received during the semester.
When the final grades were issued, Gina received a B in the course, which is the grade she believed that she deserved based on the quality of her work.
That is exactly what we were hoping for that the community college would not penalize Gina because of her beliefs. Were certain that would not have occurred if the ACLJ did not get involved. In fact, on our radio broadcast, Gina told me that the she believes that the involvement of the ACLJ made the difference in her case.
Click here to hear more from Gina and about this important case on this edition of our radio broadcast, Jay Sekulow Live!
Gina continues to attend
This is an important victory for Gina and the First Amendment, and it could not have happened without your support and involvement. We want to thank the thousands of you who stood with us on behalf of Gina by signing on to our letter, sending a powerful message to the community college.