Teacher Fired For Pro-Choice Facebook Posts Sues Catholic School, Citing Free Speech

Elizabeth Cox says Bishop England High School in Charleston, South Carolina, violated her First Amendment rights after she called out anti-abortion hypocrisy.

A teacher who says she was fired from a South Carolina Catholic school for sharing progressive Facebook posts about abortion has filed a lawsuit alleging the school violated her freedom of speech.

Elizabeth Cox says she was fired from Bishop England High School in Charleston, South Carolina, at the end of the last school year because of three Facebook posts, the Charlotte Observer reports. 

Two of the posts called out hypocrisy within the anti-abortion movement, and the third was about efforts to oppose Alabama’s strict new law banning abortions in almost all circumstances — including in cases of rape and incest.

The lawsuit, filed Monday, argues that the Catholic school and its principal “committed a criminal offense” by firing Cox because of her “political opinions, free speech and/or exercising the political rights and privileges guaranteed by the United States and/or the South Carolina Constitutions.” She is seeking an unspecified amount in damages, lost wages, and reinstatement. 

Cox was a teacher at the Roman Catholic school in the Diocese of Charleston for about 16 years, according to the lawsuit. She accepted the school’s offer to renew her employment for the 2019-2020 school year. But in early June, Cox received a letter from principal Patrick Finneran stating that she was being fired because she had supported abortion on a public Facebook account that identified her as a teacher at the school. 

“When we confronted you with the post, you admitted to it and, moreover, reacted in a manner leading us to conclude you would not do differently in the future,” Finneran wrote in the letter, which was included in the complaint.

“Parents send their students to our school expressly because they want a Catholic teaching and upbringing, and your public expression of disagreement with Catholic values undermines that,” he continued.

In a Facebook post from May, Cox shared a quote about abortion popularly misattributed to the feminist activist Gloria Steinem. The quote points out how differently conservatives treat young women who seek abortions and young men who want to buy guns. 

How about we treat every young man who wants to buy a gun like every woman who wants to get an abortion - mandatory 48-hour waiting period, parental permission, a note from his doctor proving he understands what he’s about to do, a video he has to watch about the effects of gun violence … Let’s close down all but one gun shop in every state and make him travel hundreds of miles, take time off works, and stay overnight in a strange town to get a gun. Make him walk through a gauntlet of people holding photos of loved ones who were shot to death, people who call him a murderer and big him not to buy a gun.

Cox commented that the quote was “brilliant,” according to a copy of her Facebook post included in the complaint.  

Cox’s second post also called out double standards within the anti-abortion movement. 

That post read: 

I’ll start believing you’re pro-life when you:

- ban guns

- have free healthcare for all

- stop separating families at the border

- offer cheap, prescribed birth control

- raise minimum wage

- improve the quality of education in schools

- act on the climate crisis

- improve mental health care

The third Facebook post mentioned in the lawsuit was a link to an article from The Washington Post with the headline, “Leslie Jones leads the charge against Alabama’s abortion ban in the SNL season finale.”

Bishop England High School’s teacher employment contract contains a line stating that all teachers and employees are considered active ministers who understand they must “at all times publicly speak and act in accordance with the mission and teachings of the Roman Catholic Church,” according to the complaint. 

Cox’s lawsuit names as defendants the high school, Finneran, and four unnamed individuals involved in the decision to terminate her employment. 

The Diocese of Charleston told HuffPost on Friday that it and the school are reviewing the complaint and will “file a response to the lawsuit with the court in due time.” 

Catholic leaders often speak against abortion, but studies show that Catholics in the pews are divided on the issue. About 22% of Catholics believe abortion should be illegal in all circumstances, according to a 2018 Gallup poll. About 53% said it should be legal in certain circumstances.

In practice, American Catholics procure abortions at about the same rate as American women overall, according to a report from the Guttmacher Institute 

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Before You Go

Abortion, After the Decision
Lisa(01 of05)
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Lisa, a 27-year-old restaurant manager, posed for a portrait in her home in Massachusetts on October 11, 2012. Lisa said she was 24 when she became pregnant and had an abortion.

"No regrets. You never think about how you're going to feel when you do it. And when I did it, it was pretty straight-forward... The decision to do it wasn't hard and afterwards it hasn't been hard in that area. I mean, I've had struggles... And I thought I would maybe think about what it would be like if I went through with the pregnancy and having a child and I don't think about it. I don't try to think about it. I don't try not to, I just -- I don't."

Read the rest of Lisa's story here.
(credit:Allison Joyce/Reuters)
Jennifer(02 of05)
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Jennifer, a 23-year-old nurse, posed for a portrait in her home in New York on January 5, 2013. Jennifer was 17 when she became pregnant and had an abortion.

"I was against abortion. I really was -- I was against it. My mom has gone through so many troubles with pregnancies that I wouldn't want to do that... But at the same time, at the time I only had one parent there. My father was incarcerated, so I knew he'd be super duper disappointed in me. And then my mom was just like, 'You know if you get pregnant you're out of here because you're grown.' After that, I made my decision in about two months. After the procedure, I was crying. As soon as I woke up from the bed, I was crying. Crying, crying. And a woman next to me asked me how old I was, and I said 17. She said 'You did the right thing girl. You did the right thing because you're too young. You have your whole life ahead of you.'"

Read the rest of Jennifer's story here.
(credit:Allison Joyce/Reuters)
Aiyana(03 of05)
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Aiyana, a 22-year-old artist, posed for a portrait in her home in New York on September 21, 2012. Aiyana said she was 20 years old when she became pregnant and had an abortion.

"It definitely has been really rewarding in some ways at least I know I can give friends or acquaintances of mine somebody to talk to, who can give them advice or give them resources that they might not otherwise be aware of... Obviously it's something private. But if it's something that you feel ok talking about, I think that vocalization is important. I think it can help remove the stigma that's attached to having an abortion."

Read the rest of Aiyana's story here.
(credit:Allison Joyce/Reuters)
Lisa(04 of05)
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Lisa, a 45-year-old writer, posed for a portrait in her home in Massachusetts on October 13, 2012. Lisa said she became pregnant and had two abortions when she was in her 30s.

"I regret the choices that I made with regard to the men I was with... that's time that I can't get back. But, I do not regret the decision to terminate those pregnancies. That was the right decision for each one of those pregnancies that was tied to each one of those men."

Read the rest of Lisa's story here.
(credit:Allison Joyce/Reuters)
Leigh(05 of05)
Open Image Modal
Leigh, a 26-year-old bartender, posed for a portrait in her home in Pennsylvania on September 24, 2012. Leigh said she was 21 years old when she became pregnant and had an abortion.

"I didn't take it lightly. It took every inch of strength inside of me to be able to do it, but I knew it was the right decision to make. I know it was the right decision to make. I've never doubted that. I don't regret it but I don't think I could ever stomach being able to do it again. I think I was just about to turn 22... I would have had a 4 and a half year-old right now."

Read more about Leigh's story here.
(credit:Allison Joyce/Reuters)