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Chilling Denial of Free Speech: Court Decides Student CAN Be Expelled for Calling Gay 'Marriage' a Sin on FacebookThe university argued that they were right to sanction Felix and bar him from his chosen profession in spite of the fact that Felix had lawfully expressed his Christian views as a practicing Christian, outside of his professional studies, in a context in which he was not identified as a social work student, and despite this expression having no impact on his work and professional abilities.
Felix Ngole was studying for an MA in Social Work at Sheffield University. In 2015 he made comments using his personal Facebook account on the story of the American registrar Kim Davis who was imprisoned after conscientiously refusing to register same-sex marriages. Felix expressed his Christian beliefs on the issue and argued that: "same sex marriage is a sin whether we like it or not. It is God's words and man's sentiments would not change His words". He was asked where in the Bible it says that same-sex marriage is wrong, and he quoted various passages to demonstrate this. Nearly two months later, Felix received an email from a university official informing him that his Facebook comments were being investigated. He was later interviewed by an investigatory team, and subsequently removed from his course by a panel chaired by Professor Marsh, an LGBT rights campaigner. Felix, supported by the Christian Legal Center, sought to challenge the university's decision in a judicial review which was heard in the High Court over two days. The court ruled that the university acted lawfully in removing Felix from his course. 'May have caused offence' The university argued that they were right to sanction Felix and bar him from his chosen profession in spite of the fact that Felix had lawfully expressed his Christian views as a practicing Christian, outside of his professional studies, in a context in which he was not identified as a social work student, and despite this expression having no impact on his work and professional abilities. 'Freedom of speech impaired' The judgment stated: "Freedom of expression is an important right. Exercising that right to express the content of deeply held religious views deserves respect in a democratic and plural society, nowhere more so than in a university. Freedom of religious discourse is a public good of great importance and seriousness." 'No discrimination' 'Severe sanction' The judgment further stated: "If a chain of events, starting with a student posting Bible verses on a news website and ending with him being removed from his course, is one for which the law does not provide him with a remedy, it is important to test hard why not." 'Perceived risk' Continue reading here.
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