NEW BRITAIN — A teacher who was put on leave after refusing to remove a crucifix she has by her desk from students' sight has a First Amendment right to display the Christian symbol and will sue to keep her job if necessary, her lawyer said Wednesday.
"The crucifix does not in any way violate the rights of students," Keisha Russell, senior counsel with the nonprofit law firm First Liberty Institute, said. "There's nothing in the Constitution that says students can't see something religious."
The teacher, Marisol Arroyo-Castro, was placed on paid leave from DiLoreto Elementary & Middle School in mid-December. District officials met with her recently and offered her several options to keep the crucifix in her classroom, but not on direct display to students, all of which she declined, district officials said.
Asked for comment Wednesday, the seventh-grade social studies teacher said only, "I miss the students and I miss the school," referring other questions to her lawyers.
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First Liberty and the law firm WilmerHale sent a letter to district officials on behalf of the 32-year veteran teacher, demanding that she be reinstated and citing a U.S. Supreme Court decision that upheld a Washington state football coach's right to pray on the 50-yard line. The court found that the school relied exclusively and improperly on concerns that coach Joseph Kennedy's prayers would be viewed as a religious endorsement by the school, NPR reported. Without evidence that students had been coerced, the high court found, barring Kennedy from praying on the field at the end of each game was hostile to religion, in violation of the Constitution.
"Respect for religious expressions is indispensable to life in a free and diverse Republic," Justice Neil Gorsuch wrote for the majority in that case. "Here, a government entity sought to punish an individual for engaging in a personal religious observance, based on a mistaken view that it has a duty to suppress religious observances even as it allows comparable secular speech. The Constitution neither mandates nor tolerates that kind of discrimination."
“Requiring a teacher to purge their workspace of anything religious is blatant discrimination that violates the First Amendment,” Russell said.
For the past 10 years, Arroyo-Castro has placed a crucifix by her desk, along with other personal items, according to First Liberty, which is defined on its website as a public interest law firm and the "largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans."
"As a devout Catholic, the crucifix reminds her to pray and helps her remain calm throughout the day as she faithfully teaches her students," a First Liberty news release said.
On Dec. 6, a Friday, Arroyo-Castro was brought into a meeting with the vice principal "and abruptly told that unless she removed the crucifix by her desk by Monday morning she would be disciplined for insubordination," the release said. She was later told she could put the crucifix in a drawer or under her desk, so students would not see it. However, after she put the crucifix under her desk, Arroyo-Castro said she felt that she was "hiding her light" and "after many tears and prayer, she returned the crucifix to its original location."
She was then suspended without pay for two days during the holiday season and later placed on paid leave, according to First Liberty.
"To clarify," School Superintendent Tony Gasper wrote to the school community Friday, "the matter involves the teacher’s decision to prominently display a religious symbol — a crucifix — on the front wall of her public-school classroom, which violates both federal and state laws requiring public schools to remain neutral in religious matters."
Justice Sonia Sotomayor wrote in a dissent on the Washington coach's case that the decision "does a disservice to schools and the young citizens they serve, as well as to our Nation's longstanding commitment to the separation of church and state." The decision, she continued, "elevates the rights of a school coach who voluntarily accepted public employment, over the rights of students required to attend public schools and who may feel obligated to join in prayer."
Gasper said the placement of the symbol in a highly visible position in the classroom infringes on the religious freedoms of the diverse student population. But he said the issue extends beyond just the crucifix.
"The teacher’s actions included incorporating her personal religious beliefs into her instruction, which led to concerns from students and staff of different faiths," he said.
Gasper said students reported feeling uncomfortable, and staff and students raised concerns about the environment being "overly influenced by the teacher’s religious views."
"We will not allow any teacher to use their position of authority to impose their personal religious beliefs or infringe on the civil rights of our students,” he said. "Our commitment is to ensure a learning environment where all students and staff feel respected and valued, regardless of their faith or beliefs."
"Despite repeated efforts, the teacher declined multiple opportunities to address the concerns in a manner that respected both her faith and the diverse religious beliefs of students in the classroom," he said.
Gasper said the district has followed legal guidance at every step and discussions are continuing with Arroyo-Castro and the teachers union.
The allegations about Arroyo-Castro talking to students about her religious beliefs during class only surfaced with the complaint about the crucifix, Russell said, and she had not been told about those concerns before.
Also, Russell said, other teachers at the same school have kept items in their personal spaces that could be seen as religious, including a photo depicting a statue of the Virgin Mary and a coffee mug printed with the word "Teacher" and scripture from Proverbs 31:26 — “She opens her mouth in wisdom; kindly instruction is on her tongue.”
Russell said her client's preference is not to take the issue to court, but a lawsuit will be filed if the district continues to bar Arroyo-Castro and her crucifix from the classroom.
Jan 30, 2025
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Jesse Leavenworth is a reporter with Hearst Connecticut Media Group. He is a New Britain native living in Hebron, U.S. Army veteran (1979-83) and married (Lynn) father of three (Kerry, Kate and John). Jesse worked as a reporter and editor for about 35 years for The Hartford Courant, covering all kinds of stories across the state. Jesse is especially interested in Connecticut history, crime, veterans affairs and news of the weird.