The following was e-mailed to me
From Bill: I humbly write all of you today to thank you for all of your good work. I also an writing to let you know that I did lose my case before the 9th Circuit Court. As a result of the loss, Portland Public Schools is demanding that I pay some of their legal fees. Some friends are preparing a benefit dinner on March 9, 2019 at Holy Rosary Church in NE Portland at 7:00 PM.
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After a legal battle spanning nearly four years, the Ninth Circuit Court of Appeals ruled against Bill Diss’ free exercise and religious discrimination claims. “We are very disappointed in the Court’s ruling,” stated Rebekah Millard, staff counsel for Life Legal Defense Foundation who along with Portland Attorney Micah Fargey represented Bill Diss. “Bill is a man of integrity and faith, and he has been subjected to unfair, discriminatory treatment by Portland Public Schools and now by the Courts.” In ruling that Portland Public Schools was justified in terminating Mr. Diss’ employment, the Court ignored clear evidence of prejudice, discrimination and angst against Mr. Diss’ sincere religious beliefs. “This decision represents a blow to any public servant who holds sincere religious beliefs and who is willing to speak up about them.” States Millard.
Background: Bill Diss taught Technology, Math, Computers and Electronics at Benson High School since 2002. He has also taught at the community college level for many years. He is highly regarded in his abilities and his success both by students themselves, by their parents, and fellow teachers. Mr. Diss was the only teacher in the state of Oregon to be certified as qualified to teach college level computer science to high school students for dual credit. His initiative and hard work have attracted outside grants to Benson opening up even greater opportunities for Benson students. For the first five years at Benson High, Mr. Diss received numerous positive compliments in his reviews. Mr. Diss’ methodology and teaching style has remained substantially the same in all his years of teaching.
The positive reviews took a dramatic change for the worse, however, when Mr. Diss began to speak out in opposition to the building of a new Planned Parenthood facility in downtown Portland. Mr. Diss was involved in opposition activities on his own time – he did not bring his political or religious convictions into his instruction in the classroom. Nonetheless, he began to experience complaints about his political activities from school administrators, and his teaching came under sudden, rigorous scrutiny. Complaints, negative evaluations, letters of reprimand and formal meetings became a regular part of Mr. Diss’ life at school for as long as he engaged in outspoken, public opposition to Planned Parenthood.
Shortly after the beginning of the 2012-2013 school year, presenters from Planned Parenthood came to Mr. Diss’ tutorial classes to give a presentation to recruit students for various programs. Mr. Diss asked to be excused from facilitating the presentation due to his religious convictions. His request was denied. He was told that he would be required to work cooperatively with Planned Parenthood.
Simultaneous to his request not to be involved with Planned Parenthood, Mr. Diss’ teaching came under renewed censorial review. Mr. Diss accepted the input from school administration, but the year proved to be extremely stressful, including numerous classroom observations and meetings with school administration. On March 19, 2013 school administrators summarily demanded that Mr. Diss leave the school premises and not return—placing him on paid administrative leave. Mr. Diss was told to leave the school and was escorted off the premises by a police officer. This unnecessary show of force is symbolic of the animus faced by Mr. Diss throughout the year.
In granting Portland Public Schools’ motion for summary judgment, the United States District Court for the District of Oregon accepted the argument that Diss’ request for accommodation was a mere religious preference, not worthy of protection under the law. The court also opined that Diss did not actually make a request for religious accommodation—ignoring evidence to the contrary.
The Ninth Circuit affirmed, stating that notwithstanding the question of whether Diss’ faith was implicated and whether or not he asked for an accommodation, the District was nonetheless justified in terminating his employment. The Court ignored substantial evidence of Diss’ proficiency and excellence as a teacher, and of the bias that motivated the Administrators.
“Bill Diss took a stand for Life and a stand for his Faith, and has now suffered not only loss of employment, he will also be required to pay costs for Portland Public Schools, amounting to thousands of dollars in litigation expenses.” Explains Millard. “We ask that all people who value their freedom of religion and freedom of speech join in support of Bill and his wife and family, in prayer, sacrificial giving, and words of encouragement.”
