A federal judge concluded last week that a former high school administrator had not proven his claims of religious discrimination against the Douglas County School District.

Corey McNellis had worked at Ponderosa High School since 2002 and served as the athletic director and assistant principal at the time of his termination in October 2020. According to McNellis, the school district fired him because he stated that, as a Christian, he had concerns about an upcoming school play.

In a Dec. 22 order, U.S. District Court Senior Judge Raymond P. Moore found it was clear that McNellis’ all-staff emails about the play set the wheels in motion for his termination. But McNellis’ references to his faith did not mean the school district’s response was discriminatory.

“Based on its investigation, Defendant determined that the way Plaintiff expressed his personal views created the impression that he was intolerant of the LGBTQ community and that this would undermine his ability to fulfill his role as an administrator at Ponderosa,” wrote Moore. “Plaintiff has not provided any evidence that Defendant did not honestly believe this to be the case.”

On Oct. 2, 2020, Ponderosa’s theater director sent an email to school staff alerting them to an upcoming production of “The Laramie Project.” The play addressed the reaction to the 1998 murder of Matthew Shepard around Laramie, Wyo. The degree to which Shepard’s status as a gay man motivated the crime is disputed.

Multiple school employees responded to praise the choice of production. McNellis, in four separate emails, was more critical:

• “As a Dad of a student here and also as an employee in the school, what is my recourse if I disagree with the production?”

• “As a christian I would love to collaborate …. Please let me know if the love that Jesus can provide will help your play.”

• “For the record, all of administration does not agree with me on this. I am totally solo.”

• “Forgive me for having a different viewpoint and the audacity to publicly share it.”

The district then investigated McNellis’ emails and placed him on leave. Although officials initially contemplated a performance improvement plan and an apology letter, they changed course after believing McNellis was not genuinely apologetic. Later that month, the district terminated him, citing additional, unrelated concerns that came to light in the investigation.

McNellis then sued.

In 2023, Moore dismissed McNellis’ various claims. The Denver-based federal appeals court subsequently reinstated his discrimination claims under state and federal law, concluding McNellis had alleged circumstantial evidence suggesting religious discrimination.

After the parties conducted discovery of evidence, the school district argued it was clear that those who investigated McNellis, including a supervisor with a Bible verse tattooed on his arm, were not motivated by McNellis’ religion.

“The undisputed facts show that the administrators involved in McNellis’s termination acknowledged he is entitled to his Christian beliefs, and are indeed Christians themselves, but that it was improper for McNellis to use his position as a public school administrator to discriminate, or create the appearance and perception of discrimination, against another protected class in the educational environment,” wrote the district’s attorneys. “McNellis’ conduct towards co-workers, including subordinates, in a workplace forum — not his religious feelings, or beliefs — led to his termination.”

McNellis countered that his faith-based opposition to the school play was fundamentally the basis for his discipline.

“McNellis’ religious expression was central to his suspension, the focal point of Defendant’s investigation, and ultimately the stated basis for his termination,” wrote his lawyers.

Moore, in his order, wrote that there was no direct evidence of discrimination. Although the emails established McNellis’ Christian faith was part of the conversation, it was undisputed that some staff complained about his “bullying, threatening, and discriminatory” conduct.

“Under the circumstances, the evidence supports Defendant’s position that it was concerned about the allegations of discrimination against Plaintiff and the effect his statements had on Ponderosa staff,” wrote Moore.

He added there was no evidence the district “would have ignored the complaints if the emails did not reference Plaintiff’s religion.”

Attorneys for both sides did not immediately respond to requests for comment.

The case is McNellis v. Douglas County School District.