6th Circuit Upholds Retaliation Claim By School Official Invited To Gay Church

Yesterday in Scarbrough v. Morgan County Board of Education, (6th Cir., Nov. 22, 2006), the U.S. 6th Circuit Court of Appeals reversed a trial court's grant of summary judgment and permitted a school superintendent who was not appointed to a new position as director of county schools to proceed with his First Amendment retaliation claims against three members of a School Board of Education who voted against him. The court also permitted him to proceed under 42 USC Sec. 1983 against the Morgan County, Tennessee School Board itself. Plaintiff Paul Scarbrough argued that he was denied the position because a local newspaper had reported that he had agreed to speak at a convention sponsored by a church with a predominantly gay and lesbian congregation. In fact, he ultimately turned down the invitation to speak because of scheduling conflicts. The court held that the retaliation claims arise under the First Amendment's free speech clause, and dismissed a parallel free exercise of religion claim, as well as a freedom of association claim, saying that these are not independent causes of action.