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Courts & Legal Status: Revived; claims not yet decided

Appeals Court Revives Religious Bias Claim by Administrator Fired After Objecting to "The Laramie Project"

Columns of the Byron White U.S. Courthouse in Denver, seat of the U.S. Court of Appeals for the Tenth Circuit
Photo: Nan Palmero / Wikimedia Commons, CC BY 2.0 (cropped)

Status: Revived; claims not yet decided. The appeals court sent the case back for more proceedings. It did not rule that McNellis was discriminated against. His claims remain allegations. The decision is an unpublished order and judgment, so it is not binding precedent.

The ruling

On Tuesday, the U.S. Court of Appeals for the Tenth Circuit revived a religious discrimination lawsuit by Corey McNellis. He is a former athletic director and assistant principal at Ponderosa High School in Douglas County, Colorado (10th Cir. order).

  • The panel: Judges Eid and Carson, with District Judge Wyrick sitting by designation.
  • The decision: the panel reversed a grant of summary judgment for the Douglas County School District and sent the case back for further proceedings.
  • The reason: it found a genuine dispute of material fact on whether the district's stated reasons for the firing were pretext.

What McNellis alleges

McNellis voiced reservations in a staff email chain about an upcoming extracurricular production of "The Laramie Project." He offered to add a "Christian perspective." He was then placed on administrative leave, investigated and fired.

"The Laramie Project" is a play about the murder of a gay college student (Bloomberg Law).

He sued in July 2022. He brought a First Amendment retaliation claim, plus religious discrimination and retaliation claims under Title VII and Colorado law.

The evidence the panel cited

  • The principal's letter: a letter from the school's then-principal saying McNellis was "railroaded" for his "religious views."
  • McNellis's testimony: he testified that a district official told him he "was being put on leave because of [his] religious remarks."
  • The investigation: the panel said that evidence, along with the district's investigation, raises the question of whether he was fired for his protected religious beliefs.

How the case got here

  • First dismissal: the district court first dismissed the case.
  • 2024: a prior Tenth Circuit panel reversed the dismissal of his discrimination claims.
  • December 2025: on remand, the district court granted summary judgment to the school district. It found no direct evidence of discrimination and no genuine dispute over pretext.
  • Now: the new panel disagreed, and the case returns to the U.S. District Court in Colorado.

The school district's response to the ruling was not in the sources.

Sources

  1. Tenth Circuit order and judgment, McNellis v. Douglas County School District, No. 26-1020 (PDF) www.ca10.uscourts.gov
  2. Bloomberg Law news.bloomberglaw.com

See our sourcing & corrections standards.

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