Lawsuit over firing of University Human Resources VP related to anti-gay-rights column

[Volokh, Eugene]

>From the Religion Clause blog:

Fired Human Resources VP Who Disputed Gay Rights Sues University 

The Toledo Blade
<http://www.feedblitz.com/t.asp?/491391/875360/http://toledoblade.com/ap
ps/pbcs.dll/article?AID=/20081202/NEWS02/812020352/-1/NEWS> reports that
on Monday a federal lawsuit was filed against the University of Toledo
by its former Associate Vice-President for Human Resources, Crystal
Dixon. Dixon was fired after she wrote a column for a local newspaper
arguing that gays and lesbians are not "civil rights victims." (See
prior posting
<http://religionclause.blogspot.com/2008/05/university-fires-human-resou
rces-vp-for.html> .) The complaint (full text
<http://documents.scribd.com/docs/1jia0q8twdqvgbipjbvb.pdf> ) alleges
that "Plaintiff, an African-American woman and sincere practicing
Christian, believes that homosexuality is a grave offense against the
Law of God and that comparing homosexual activity with the struggles of
African-American civil rights victims is absurd and untenable because
she believes homosexuality is a lifestyle choice and not an immutable or
inherent genetic and biological characteristic...." 

The lawsuit alleges that Dixon's column expressed her personal views,
and that her firing infringes her 1st Amendment free speech rights. The
complaint also claims equal protection violations, arguing that others
University personnel have been permitted to speak out on political and
social issues without consequences. Richard Thompson of the Thomas More
Law Center who represents Dixon said that homosexuals have an
"inordinate amount of influence" over University president Lloyd Jacobs.
The University claims that Dixon's human resources position was one of
special sensitivity, and that her ability to perform that job was
undermined by her statements.



Here's the column itself, from
http://www.toledofreepress.com/2008/04/18/gay-rights-and-wrongs-another-
perspective/.  Is the University's action constitutionally permissible?

[Crystal Dixon column:]

I read with great interest Michael Miller's April 6 column, "Gay Rights
and Wrongs."

I respectfully submit a different perspective for Miller and Toledo Free
Press readers to consider.

First, human beings, regardless of their choices in life, are of
ultimate value to God and should be viewed the same by others. At the
same time, one's personal choices lead to outcomes either positive or
negative.

As a Black woman who happens to be an alumnus of the University of
Toledo's Graduate School, an employee and business owner, I take great
umbrage at the notion that those choosing the homosexual lifestyle are
"civil rights victims." Here's why. I cannot wake up tomorrow and not be
a Black woman. I am genetically and biologically a Black woman and very
pleased to be so as my Creator intended. Daily, thousands of homosexuals
make a life decision to leave the gay lifestyle evidenced by the growing
population of PFOX (Parents and Friends of Ex Gays) and Exodus
International just to name a few. Frequently, the individuals report
that the impetus to their change of heart and lifestyle was a
transformative experience with God; a realization that their choice of
same-sex practices wreaked havoc in their psychological and physical
lives. Charlene E. Cothran, publisher of Venus Magazine, was an
aggressive, strategic supporter of gay rights and a practicing lesbian
for 29 years, before she renounced her sexuality and gave Jesus Christ
stewardship of her life. The gay community vilified her angrily and
withdrew financial support from her magazine, upon her announcement that
she was leaving the lesbian lifestyle. Rev. Carla Thomas Royster, a
highly respected New Jersey educator and founder and pastor of Blessed
Redeemer Church in Burlington, NJ, married to husband Mark with two
sons, bravely exposed her previous life as a lesbian in a tell-all book.
When asked why she wrote the book, she responded "to set people free...
I finally obeyed God."

Economic data is irrefutable: The normative statistics for a homosexual
in the USA include a Bachelor's degree: For gay men, the median
household income is $83,000/yr. (Gay singles $62,000; gay couples living
together $130,000), almost 80% above the median U.S. household income of
$46,326, per census data. For lesbians, the median household income is
$80,000/yr. (Lesbian singles $52,000; Lesbian couples living together
$96,000); 36% of lesbians reported household incomes in excess of
$100,000/yr. Compare that to the median income of the non-college
educated Black male of $30,539. The data speaks for itself.

The reference to the alleged benefits disparity at the University of
Toledo was rather misleading. When the University of Toledo and former
Medical University of Ohio merged, both entities had multiple contracts
for different benefit plans at substantially different employee cost
sharing levels. To suggest that homosexual employees on one campus are
being denied benefits avoids the fact that ALL employees across the two
campuses regardless of their sexual orientation, have different benefit
plans. The university is working diligently to address this issue in a
reasonable and cost-efficient manner, for all employees, not just one
segment.

My final and most important point. There is a divine order. God created
human kind male and female (Genesis 1:27). God created humans with an
inalienable right to choose. There are consequences for each of our
choices, including those who violate God's divine order. It is base
human nature to revolt and become indignant when the world or even God
Himself, disagrees with our choice that violates His divine order. Jesus
Christ loves the sinner but hates the sin (John 8:1-11.) Daily, Jesus
Christ is radically transforming the lives of both straight and gay
folks and bringing them into a life of wholeness: spiritually,
psychologically, physically and even economically. That is the ultimate
right.

Crystal Dixon lives in Maumee.