By Jason Wesseldyk
Sports Editor
A federal lawsuit filed on Thursday, Jan. 27, claims Plainwell Community Schools suspended a high school student for sharing his Christian beliefs with other students.
Great Lakes Justice Center filed the complaint on behalf of Plainwell High School junior David Stout. The student is requesting a declaratory judgment that Plainwell Community Schools violated his constitutional rights and to have the disciplinary action removed from his record in addition to damages and attorney fees.
Plainwell High School principal Jeremy Wright, assistant principal Deb Beals and band directors David Hepinstall and Austin Hunt are listed as co-defendants along with the district.
David Kallman, senior legal council at the Great Lakes Justice Center, is representing Stout.
“It’s outrageous,” Kallman said of the disciplinary action that was taken against his client. “There’s First Amendment protections for everyone in our country. He has the right to free speech and free expression of religion.”
The lawsuit alleges four counts against the district:
- Violation of David’s First Amendment constitutional rights to Free Speech and to the Free Exercise of Religion.
- Violation of his Michigan constitutional rights.
- The school’s policies are unconstitutionally vague and unenforceable.
- Violations of the Matt Epling Safe School Law.
According to Kallman, the suspension, which occurred last Oct. 25 to 27, stemmed from two conversations Stout had with other students during which Stout expressed his Christian beliefs.
This included sharing his belief that “the Bible teaches that homosexual conduct is a sin and in the Christian context that God created only two biological genders—man and woman.” Stout added that “while homosexual conduct is a sin, however, everyone is a sinner due to freewill choices.”
One of conversations took place in a high school hallway, while the other occurred via text while off-campus during non-school hours.
“My client’s religious speech and beliefs should be treated with tolerance and respect,” Kallman said. “Public schools may not violate the constitution and enforce a heckler’s veto of student speech.
“Nothing David did caused any disruption or problem at the school. He has the right to express his opinion in accordance with his sincerely held religious beliefs, without vilification or punishment from the government for holding to those beliefs. Great Lakes Justice Center will defend our client’s freedoms to the fullest extent of the law.”
Kallman claims Stout, who is a member of the high school’s football team and marching band, was also punished for not “policing and reporting” inappropriate jokes made by fellow band members as he was a section leader.
“It’s nothing he said, but some other students made some offensive jokes, no question,” Kallman said. “But he didn’t act fast enough to stop them, and he didn’t report them.”
The reason given for Stout’s suspension was that he violated the school’s bullying/cyberbully/harassment policy.
In addition to the suspension, the lawsuit claims the district instructed Stout that he must stop posting his religious and political views on all his social-media platforms, as these views could offend others or make them feel “unsafe.”
Stout’s father, David J. Stout, expressed confidence that the court would side with his son.
“We have always taught our son to be respectful of everyone’s opinion and to be polite to others, as he was here,” the elder Stout said. “However, tolerance is a two-way street. David is entitled to properly express his faith and beliefs without being disciplined and suspended by Plainwell Schools.
“We trust the court will uphold David’s constitutional rights and his school record will be cleared.”
Plainwell Community Schools superintendent Matthew Montange said he is unable to comment on the lawsuit at this time.