WASHINGTON — CatholicVote Education Fund (CVEF) has filed an amicus curiae brief with the United States Court of Appeals for the 2nd Circuit in support of Marisol Arroyo-Castro, a public school teacher who was reassigned from her teaching position after displaying a small crucifix on her classroom desk. CVEF’s brief calls for the reversal of the District Court’s decision, which it argues undermines fundamental First Amendment rights to free speech and religious exercise.
The case centers on Ms. Castro, a Catholic and dedicated seventh-grade social studies teacher in Connecticut, who kept a 12-inch crucifix on her desk as a source of personal strength and a reminder of her faith. The school district deemed the crucifix to be government speech and ordered its removal, citing concerns about potential violations of the Establishment Clause of the First Amendment. Ms. Castro was subsequently reassigned to a non-teaching administrative role, despite her 30 years of service and the district’s urgent need for social studies teachers.
In its brief, CVEF argues that the District Court’s decision misapplied the Supreme Court’s precedent in Kennedy v. Bremerton School District (2022), which reaffirmed that public employees retain their First Amendment rights to private religious expression, even in the workplace. CVEF contends that the District Court’s ruling relied on an overly broad interpretation of government speech and failed to properly balance Ms. Castro’s free speech and religious exercise rights against hypothetical concerns about the Establishment Clause.
“The crucifix is not a tool of coercion, nor was it used as one in this case,” said Josh Mercer, Vice President of CatholicVote Education Fund. “Ms. Castro’s display of her faith harmed no one, yet the District Court’s decision sends the wrong message to public employees and students alike—namely, that religion has no place in public life. This is a dangerous precedent undermining the First Amendment and the Supreme Court needs to intervene.”
CVEF’s brief emphasizes that the Supreme Court has consistently held that public employees do not shed their constitutional rights at the workplace. It calls on the 2nd Circuit Court of Appeals to reverse the District Court’s decision and reaffirm the principle that religious expression must be treated with the same respect as other forms of private speech.
“Respect for religious expression is indispensable to life in a free and diverse republic,” said Mercer. “Public schools should model inclusivity and tolerance, not censorship and suppression. This case is about protecting the rights of public servants to express their faith without fear of reprisal.”
CatholicVote is America’s top Catholic advocacy organization, leading the fight for faith, family, and freedom. CatholicVote’s Education Fund is a nonpartisan voter education program dedicated to promoting authentic understanding of ordered liberty and the common good. CVEF supports laws that protect the God-given natural right to free exercise of religion to the fullest extent consistent with civil order.
