The University of Illinois has wrongly fired Dr. Kenneth Howell for sending an email to his class explaining why homosexual acts are not permitted under Catholic doctrine, in a class about – wait for it – Catholicism! Apparently, explaining and agreeing with the Church’s position on homosexuality, “violate[s] university standards of inclusivity,” according to an associate dean at Illinois.
This case, which has been rightfully taken up by the Foundation for Individual Rights in Education, the Alliance Defense Fund, and others, is clear-cut. A public university cannot fire a professor for exercising his rights to academic freedom and free speech. Dr. Howell, as a professor, should be free to choose examples to explain tenets of Catholicism to his class. While Illinois could use the quality of Dr. Howell’s teaching as grounds to fire him, an adjunct professor, the school did not address this issue in his firing. Such an argument would be especially dubious because Dr. Howell has won four teaching awards during his tenure at Illinois. Illinois obviously chose to fire him for expressing politically incorrect beliefs.
Even if Dr. Howell’s email was not related to his class, Illinois still could not fire him. As a public university, Illinois is bound by the first amendment and thus cannot fire a professor for expressing his religious beliefs. The first amendment confers Dr. Howell with the rights to freedom of speech and freedom of religion. These rights entitle Dr. Howell to email his class and express his views. Even though critics have come up with fancy “arguments” claiming that Dr. Howell’s “preaching” is not protected, even “preaching” is a legitimate exercise of one’s first amendment rights.
As if the case against Illinois could not be any worse, Dr. Howell was fired without formal accusations being brought against him nor any hearing in which he could defend himself. Such an action violates Dr. Howell’s due process rights under the fifth and fourteenth amendments.
The University of Illinois would be wise to spare itself further humiliation in the court of public opinion and the court of law. It should therefore reinstate Dr. Howell immediately with back pay, a full apology, and a stated commitment to academic freedom, the first amendment, and due process.
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