The Goldwater Institute has filed a friend-of-the-court brief in support of Arizona Christian University’s lawsuit in federal court against the Washington Elementary School District for religious discrimination.
In its brief, the Goldwater Institute argues that the school district “flouted” the U.S. and Arizona constitutions, as well as its governing board’s central educational mission when it “cut off a reliable, longstanding source of new teachers from Arizona Christian University (ACU) because it didn’t approve of ACU’s religious beliefs.”
Amid a historic teacher shortage, the school board voted in February to sever an eleven-year teacher-training relationship with ACU, contrary to its staff’s recommendation and without any relevant evidence or investigation. Instead, the board based its decision solely on a handful of statements one board member read on ACU’s website referring to the university’s Christian identity and beliefs. The school board member said:
When I go to Arizona Christian University’s website, and I’m taking this directly from their website, “above all else be committed to Jesus Christ accomplishing His will in advancing His kingdom on Earth as in heaven.” Part of their values, is “influence, engage and transform the culture with Truth by promoting the biblically informed values that are foundational to Western civilization, including the centrality of family, traditional sexual morality, and lifelong marriage between one man and one woman.” I want to know how bringing people from an institution that is ingrained in their values… will… impact three of your board members who are a part of the LGBTQ community.
The Goldwater Institute says the school board’s rejection of qualified teachers over ACU’s religious beliefs and its graduates’ perceived views violates the constitutional rights of both ACU and its students to free speech, freedom of religion, and freedom of association.
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Goldwater explains in its brief that the board’s actions also violate the Arizona Constitution’s “religious test” clauses, which prohibit the government from discriminating based on religion when making hiring decisions.
ACU and its students are not the only victims of the school board’s discrimination, as Goldwater points out in its brief:
The harmful effects of discrimination go far beyond the particular individual or organization discriminated against, as courts and social scientists have long recognized. “Discrimination is extremely hurtful to individuals from targeted minorities. But … the effects of excluding talented individuals from economic opportunities tend to go further: when a society discriminates against a specific group, its entire economy can suffer.” Kilian Huber, How Discrimination Harms the Economy and Business, Chicago Booth Review (July 15, 2020);10 see generally Gary Becker, The Economics of Discrimination (1957).
Here, the District specifically targeted one institution (ACU), but WESD students, staff, and families, as well as Arizona taxpayers, all bear the costs of that unconstitutional discrimination. Defendants’ conduct also sends a message to other Christians in WESD (both students and staff) that their most deeply held beliefs are unwelcome and unworthy of respect.
Goldwater argues that a private organization like ACU should be free to espouse its beliefs without fear of retaliation from the government. And K-12 students should not have to go without teachers simply because their school board refuses to hire qualified candidates based on those candidates’ perceived personal beliefs and convictions.
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