News Release
For Immediate Release: 3.19.26
Contact: Natalie Konstans, media@firstliberty.org
Direct: 972-941-4453
Connecticut Teacher Asks Appeals Court to Protect Her Right to Display Crucifix in Workspace
A District Court recently upheld the school’s punishment of the teacher, denying her a preliminary injunction
New York, NY—First Liberty Institute and the law firm WilmerHale filed an appeal brief at the U.S. Court of Appeals for the Second Circuit on behalf of 30-year veteran teacher, Marisol Arroyo-Castro, who was suspended and removed by the Consolidated School District of New Britain, Connecticut for refusing to remove a small crucifix from her personal items displayed beside her desk in the classroom. A Connecticut district court declined to order the school district to reinstate Marisol to her teaching position.
You can read the brief here.
“As the Supreme Court has said, students and teachers do not ‘shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,’” said Becky Dummermuth, Senior Counsel at First Liberty Institute. “Requiring a teacher to hide her personal religious expression violates the First Amendment’s protections for both free exercise of religion and free speech.”
“The district court was wrong to say that Marisol Arroyo-Castro had to leave her Catholic faith at home because she is a public-school teacher,” said Kevin Gallagher, Partner at WilmerHale. “We look forward to the Second Circuit vindicating the First Amendment rights of our client.”
Marisol has taught in the Connecticut public schools for 32 years. For 10 years, she placed a crucifix by her desk along with other personal items such as student artwork and a church calendar. In the personal space next to their desks, other teachers display photos of family and friends, images of Wonder Woman and Baby Yoda, a miniature of the Mona Lisa, a New England Patriots football team pennant, and inspirational quotes.
As a devout Catholic, Marisol relied on the crucifix to remind her to pray, and it helped her remain calm throughout the day as she faithfully taught her students. In December 2024, school leadership abruptly told her that unless she removed the crucifix by her desk she would be disciplined for insubordination. Marisol was told she could put the crucifix in a drawer or under her desk, so students wouldn’t see it. She refused, feeling as though doing so would be “hiding it under a bushel,” rather than letting her light shine. The school district responded by suspending her without pay for two days during the holiday season. Later, the school transferred her to an administrative role where she has no contact with students.
According to the brief, “The mere fact that Ms. Castro’s expression occurred in a classroom during the school day does not render it government speech. Ms. Castro’s rights to her own expression are not outweighed by the government’s misplaced Establishment Clause concerns or its unsubstantiated and uncommunicated disruption rationale.”
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact Natalie Konstans at media@firstliberty.org or by calling 972-941-4453.
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