TUCSON, AZ – The U.S. District Court in Arizona ruled former ethics Professor Daniel Grossenbach can proceed with his religious discrimination lawsuit against the University of Arizona, which unlawfully fired him for his parental rights advocacy and religious speech. Grossenbach’s lawsuit contends that the university did not renew his contract in November 2023 after receiving anonymous complaints about his advocacy against secretive gender policies at local school board meetings where his children attend school, which is not at all affiliated with the university.
The Court denied the university’s motion to dismiss the case and allowed Grossenbach’s core federal claims to move forward to the discovery phase in preparation for a trial. The Court stated Grossenbach “plausibly alleged” his discriminatory firing was in violation of federal employment law finding there was sufficient evidence that the university “fraudulently concealed” its motive for not renewing Grossenbach’s contract and delayed disclosing key records required by law for months.
The Court’s order allowed the case to proceed against two defendants in their official capacities, Arizona Board of Regents Chair Douglas Goodyear, and University of Arizona President Suresh Garimella.
Liberty Counsel, which represents Grossenbach, is seeking a permanent injunction that declares the university’s discriminatory actions illegal and unconstitutional for violating his constitutional rights of free speech, religious exercise, equal protection, as well as his religious protections under Title VII of the Civil Rights Act of 1964. The lawsuit requests that the court order the university to reinstate Grossenbach to his prior position and award damages.
In 2023, Grossenbach saw the gender secrecy policies at Catalina Foothills School District (CFSD) as a “gross intrusion” upon parental rights and was compelled by his religious beliefs to form SaveCFSD, a nonprofit organization focused on educating parents about school board policies and fundamental rights. Grossenbach spoke several times at school board meetings, which were attended by hundreds of concerned parents, and delivered two-to-three-minute, pre-written speeches. He routinely included a disclaimer that he spoke for himself and not for his employer, and expressed without hate, slander, or violence how the district’s policies violated parental rights.
His lawsuit then states that “anti-religious zealots turned digital critics” coordinated over social media to silence him and SaveCFSD by getting him fired from his job. Subsequently, numerous anonymous complaints were filed against him with the University of Arizona encouraging the university to discipline him for speaking out about his rights and beliefs.
In November 2023, the university informed him that it would not be renewing his part-time teaching contract for the following Spring ethics courses citing it had received funding for a full-time faculty member. However, the university never hired a full-time professor nor offered his ethics course the following Spring. In fact, the university posted advertisements soliciting resumes for additional part-time professors meeting Grossenbach’s exact skills and experience to teach similar courses he had been teaching for years.
Despite Grossenbach’s good performance and positive reputation, the lawsuit alleges that the University of Arizona terminated him after discovering that he was an outspoken Christian advocating for change within his local school board to protect his family. In addition, the university stalled Grossenbach for 239 days in disclosing any public records regarding his termination, which violated Arizona state law, the lawsuit stated.
Liberty Counsel Founder and Chairman Mat Staver said, “We are encouraged that the court recognized this case can proceed on its merits. Professors at public universities do not shed their constitutional rights to free speech and religious exercise when they speak up for their children on matters of public concern. Professor Daniel Grossenbach engaged in constitutionally protected speech, and religious expression to protect his children. The University of Arizona cannot fire a professor for his protected speech. Viewpoint discrimination is unlawful and violates the First Amendment and religious discrimination violates Title VII.”
Learn more at lc.org/professor.
About Liberty Counsel
Founded in 1989, Liberty Counsel is a 501(c)(3) non-profit litigation, education, and policy organization that advances religious freedom, the sanctity of human life, and the family.
Liberty Counsel is supported by tax-deductible donations and maintains offices in Central Florida, Virginia and Washington, D.C.
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