TN teacher seeks religious accommodation; LGBTQ books removed

(The Center Square) – After a teacher objected to using LGBTQ+ material, raising questions about religious accommodations and parental rights, a Tennessee charter school removed more than 20 books from its curriculum.

In February of this year, a first-grade teacher at KIPP Nashville charter school objected to teaching two books featuring same-sex marriage because it conflicted with his religious beliefs. Instead, Eric Rivera asked another teacher in the classroom to read the books.

According to Cliff Martin, senior counsel with First Liberty Institute, the principal threatened Rivera with termination and did not discuss how he could have religious accommodation.

A demand letter from First Liberty attached the final warning Rivera received for choosing not to comply with the material. First Liberty argued Rivera was entitled to an accommodation under Title VII of the Civil Rights Act and that allowing another teacher to read the books would not create an undue hardship for the school.

Title VII is a federal law under the 1964 Civil Rights Act that prohibits job discrimination based on race, color, religion, sex and national origin.

“What Eric asked for was very minimal,” Martin told The Center Square in an exclusive interview. “It's the fact that they denied it that actually caused this to escalate.”

Martin said that the dispute also brought to light concerns about parental consent for materials the school had in its curriculum involving sexual orientation and gender identity. After First Liberty notified the school and the Tennessee attorney general, the school removed more than 20 books from its curriculum.

“The absence of a vehicle for parents to easily request accommodations or opt their children out of instruction due to their religious beliefs violates the First Amendment,” the demand letter stated.

Martin stated that employers have been slow to update their policies and educate managers and human resources professionals about their obligations to employees and parents.

In cases like Mirabelli v. Bonta and Mahmoud v. Taylor, the court recognized that parents have a constitutional right to know and opt out of various material for their children. Martin told The Center Square that he expects more teachers will seek religious accommodations as they become aware of their rights.

“We believe there are more Eric Riveras that hold up their hand and say, ‘I would prefer not to teach this material’; we believe that schools are eventually going to have to respect them under Title VII,” Martin told The Center Square.

The Center Square reached out to PFLAG Nashville and Advocates for Trans Equality, LGBTQ+ organizations, to get their reaction to the outcomes of this case, but did not receive a response.

"Esther is an education reporter for The Center Square. Please email her at ewickham@thecentersquare.com for tips or questions."

This story originally appeared on thecentersquare.com.