Where do one person's rights end and another's begin? And does it matter if one of the entities is a religious university? Tremendous attention has been paid in recent years to the tension between religious freedom and personal liberties.

In a recently filed a lawsuit an assistant professor of social work, Joseph Kuilema, sued Calvin University in Michigan saying he was denied tenure for his LGBTQ+ rights advocacy and was dismissed from the university after he officiated a same-sex wedding.

Religious Freedom & Employment Rights

The First Amendment of the United States Constitution provides religious institutions with certain protections that are intended to safeguard their ability to freely exercise their faith. The right to hire and terminate employees based on religious beliefs is often considered an extension of this constitutional safeguard. However, employment rights and religious rights can sometimes be in conflict.

Academic Freedom

Historically, academic institutions, including religious colleges, have been seen as places that value the free exchange of ideas and the pursuit of knowledge. Tenure is particularly prized by faculty members as it affords them an increased measure of academic freedom. With tenure, faculty members can pursue topics of interest, express their views, and participate in public debates without worrying that the institution will punish them for expressing ideas that might conflict with those held by university leaders or others. It is particularly difficult to dismiss a tenured professor for sharing ideas deemed by some to be objectionable.

But Kuilema says Calvin University denied him tenure precisely because his views ran counter to the university's religious teachings, so he was not afforded these protections, and he was vulnerable to being dismissed for his views and actions. While the college may argue that the professor's actions undermined its religious mission, the question arises whether the institution's interests should trump the academic freedom of its faculty.

But Calvin University is a private, religious institution. The university has argued that because students who attend the school expect a certain kind of religious education from people who follow that specific faith, it is necessary for their employees to conduct themselves in accordance with the university's religious beliefs and policies.

Legal Considerations

The evolving legal landscape surrounding LGBTQ+ rights makes Kuilema's dismissal all the more problematic. Throughout society, people have become more accepting of LGBTQ+ perspectives in recent years and less understanding of viewpoints that do not value LGBTQ+ experiences.

Still, the First Amendment does guarantee religious freedom, and religious institutions retain autonomy in defining and practicing their beliefs. While the professor's actions might be seen as an exercise of his personal freedoms, the college may still assert its religious freedom in shaping its employment policies.

Navigating the Conflict

As this case highlights, Constitutional rights can sometimes come into conflict with each other. It can be difficult for employees of some universities to balance their own beliefs and actions with the expectations and stated policies of their employers.

If you are an employee of a religious institution and believe you have been unfairly dismissed, the Lento Law Firm Team would like to help you. Call us today at 888-535-3686 or contact us online.