It is a blatant violation of state and federal civil rights laws to discriminate against someone for expressing their religious beliefs.

But that’s what officials in Port Wentworth, Georgia did when they forced First Liberty Institute’s client Jacob Kersey out of his job as a police officer.

Jacob had been with the department since May 2022. At an early age, Jacob was inspired by the exceptional police officers who encouraged him throughout his parents’ custody battle. They brought order and peace to a difficult situation. He grew passionate about giving back to his community and felt he was called by God to serve in law enforcement. He wanted to follow in the footsteps of the officers who had invested in his life at a young age.

In his time as a police officer, Jacob had an exemplary record. He was professional and had great relationships with his co-workers. The department’s leadership stated that “they brag on [Jacob] all the time.”

But that changed in January 2023 after on his personal Facebook page he stated his biblical belief that God designed marriage between a man and a woman to reflect Christ and the Church.  The next day, two supervisors told him to take down the post or the department may terminate his employment. When Jacob refused to abandon his religious beliefs, he was ordered to meet with the Department’s leadership. He was told by one of his superiors that his free speech was “limited due to his position as . . . a police officer.”  Jacob was also told “he could not post things like that” and that he would be placed on administrative leave while the city investigated him.

One week later, the department’s leadership told him if he continued to share his interpretation or opinion on biblical scripture and it was deemed offensive, he could no longer work as a police officer for the department. The leadership cited “separation of church and state” as the reason.

Jacob then received a “Letter of Notification” explaining that there was not sufficient evidence to terminate him, but warning him that he could be terminated for any post on any of his private social media accounts or any other statement or action that could be perceived as offensive.

Forced to choose between his private religious speech and the job he loved, Jacob had no choice but to resign.

In February 2023, First Liberty sent a letter to Port Wentworth officials, explaining how city officials blatantly discriminated against Jacob Kersey and urging officials to create policies that protect the First Amendment rights of city employees.

“It is a blatant violation of state and federal civil rights laws to discriminate against someone for expressing their religious beliefs,” said Stephanie Taub, Senior Counsel for First Liberty Institute. “The city owes Jacob a public apology.  And it needs to adopt policies that recognize the free speech and free exercise rights of its employees.  Forcing Jacob to choose to either censor his private religious speech or remain employed as a police officer is simply unconstitutional.”

News Release
For Immediate Release: 2.13.23
Contact: Peyton Luke, media@firstliberty.org
Direct: 972-941-4453 

Georgia Police Officer Forced Out of Job For Posting Religious Message Online Sends Letter Demanding Policy Change
Attorneys representing former officer send letter to Port Wentworth city officials urging policies that protect free speech and free exercise for employees

Port Wentworth, GA—First Liberty Institute today sent a letter to the city of Port Wentworth (GA) explaining how city officials blatantly discriminated against former city police officer Jacob Kersey after Kersey was forced out of his job for refusing to delete a Facebook post expressing his personal religious beliefs.  The letter also urges officials to create policies that protect the First Amendment rights of city employees.

You can read the letter here.

“It is a blatant violation of state and federal civil rights laws to discriminate against someone for expressing their religious beliefs,” said Stephanie Taub, Senior Counsel for First Liberty Institute. “The city owes Jacob a public apology.  And it needs to adopt policies that recognize the free speech and free exercise rights of its employees.  Forcing Jacob to choose to either censor his private religious speech or remain employed as a police officer is simply unconstitutional.”

Kersey was a police officer with the Port Wentworth (GA) police department since May 2022.  In January, he shared his beliefs about marriage on his private Facebook page.  The following day, his supervisor told him to take down the post told him that he could be terminated if he did not delete it.  He was given a letter of notification that warned him that he could be fired if he posted any more “offensive” content on social media.  After the meetings with leadership, he realized that he faced a choice between compromising his deeply held religious beliefs or continuing as a police officer with the department. Forced to leave the job he loved, Kersey resigned on January 17th.

The letter states, “The Free Exercise Clause of the First Amendment protects Mr. Kersey’s right to express his Christian beliefs in his personal life and discuss his faith while off duty. See Kennedy v. Bremerton Sch. Dist., 142 S. Ct. 2407, 2421 (2022) (finding the Clause protects ‘the ability of those who hold religious beliefs of all kinds to live out their faiths in daily life’). ‘The Free Exercise Clause does not permit the State to confine religious speech to whispers or banish it to broom closets. If it did, the exercise of one’s religion would not be free at all.’ Chandler v. Siegelman, 230 F.3d 1313, 1316 (11th Cir. 2000). . . . The Department’s actions send a message to Christians who hold traditional biblical beliefs about marriage that they are unwelcome as police officers or city employees.”

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About First Liberty Institute

First Liberty Institute is the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.

To arrange an interview, contact Peyton Luke at media@firstliberty.org or by calling 972-941-4453.

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