BY ELAINE GOODMAN
Daily Post Correspondent
A former Hillview Middle School science teacher is suing the Menlo Park City School District for alleged religious discrimination, saying he was fired after a classroom discussion on the origins of human life touched on the topic of Adam and Eve.
The teacher, Thomas Schemkes, initially filed the suit in San Mateo County Superior Court. The case has now been moved to federal court, where a hearing on a motion to dismiss is scheduled for June 5.
The lawsuit said that Schemkes was fired “unceremoniously, without good cause, and in bad faith … because of his actual or perceived identity as a religious believer and Christian.” Schemkes is a Catholic church member, the suit said.
In addition to religious discrimination, the lawsuit alleges that the district retaliated against Schemkes for exercising his right to free speech and for not interfering with student speech.
The lawsuit names as defendants the Menlo Park City School District; the school board; five current and two former board members; former Superintendent Erik Burmeister; Superintendent Kristen Gracia; and Hillview Middle School Principal Danielle O’Brien. Seven of the individual defendants filed a motion to dismiss in federal court.
Free speech?
In their motion to dismiss, the defendants argued that Schemkes’ comments detailed in the lawsuit were made in a classroom as a teacher and are not protected free speech.
“Plaintiff admits his speech was part of his biology lesson in science class in a public middle school, one funded by taxpayers; therefore, his speech was made pursuant to his official duties as a public school teacher and employee of a public entity,” the motion said.
The school district responded to the accusations in a filing in Superior Court, saying Schemkes had missed the deadline for many of his claims.
In addition, the district said its “employment decisions were for legitimate reasons not motivated by discrimination, retaliation or any illegal motives.”
‘Open question’ leads to trouble
Menlo Park City School District hired Schemkes as a temporary teacher in August 2022, according to the lawsuit, which noted that Schemkes has been a public school teacher for more than 20 years.
In the first week of classes, a science curriculum wasn’t ready yet, the lawsuit said, and so Schemkes lectured his sixth-grade class on Darwin’s theory of evolution. He then asked students if they had heard other theories about the origin of human life.
“One student suggested aliens mated with monkeys,” the lawsuit stated. “Another suggested humans came from Adam and Eve, to which Mr. Schemkes acknowledged that some people believe in God and that he created humans. Mr. Schemkes then moved on with his lesson plan.”
Schemkes soon faced questions about the classroom discussion from Danielle O’Brien, who was interim principal at the time, and during a parents’ night event, according to the lawsuit. Schemkes told parents “he was merely posing an open question to the students” and “only acknowledged” some people’s belief about Adam and Eve.
The next day, the lawsuit alleged, O’Brien sent Schemkes an email saying “You will not talk about God or quote from the Bible in your class, you will follow our curriculum.”
Quickly fired
And at the end of the day, Schemkes received a letter signed by Superintendent Erik Burmeister saying he was fired, the lawsuit stated. Assistant Superintendent Kristen Gracia, who gave Schemkes the letter, allegedly told him, “You are just not a good fit.” Gracia is now district superintendent and Burmeister has departed.
According to the lawsuit, Schemkes also chatted with O’Brien during a staff gathering before his firing, telling the interim principal that he was working on a personal project – a screenplay about the life of Jesus.
Schemkes is seeking back pay, attorney fees, compensation for damages and a public apology. He also wants to get his job back. Schemkes’ legal team includes James A. Sonne, founding director of the Religious Liberty Clinic at Stanford Law School. Schemkes is also represented by attorneys with the Church State Council, which “ask(s) nothing of the state except that it protects religious freedom for all peaceful people of faith,” according to its website.
No forbidden apple or literal fruit, the eating of which is encouraged by a talking snake, is mentioned in the well-known ancient Bible narrative of Adam and Eve in the Garden of Eden,a narrative that apparently frightens the Menlo Park City School District. However, the identity of this unknown forbidden fruit of pleasure in the world’s oldest and greatest mystery story can be explained by procreation and the family Adam and Eve do not have until after their eviction from Eden at the end of Genesis 3: Adam and Eve disobey the Genesis 1:28 commandment–the first commandment–to “be fruitful and multiply [in their body Garden]” when they become one flesh incorrectly (Genesis 2:24) by eating from the wrong tree in the allegorical Garden’s center (Genesis 2:9). So they disobey not just one commandment, but two at the same time.
Schemkes is at fault here. He doesn’t understand that the moment a student says anything about Christianity, he is to be silenced and perp-walked to the principal’s office. Then grief counselors should be summoned to help the Moslem and atheist students process the unwelcome Judeo-Christian information that they might have heard. Erik Burmeister runs a tight ship when it comes to free speech.
Here in the Bay Area, it should have been Adam and Steve
Tempest in a teapot? Sounds like the guy was brutally cancelled.