A professor of biology at a college in Texas who was allegedly fired for telling his class that X and Y chromosomes determine sex believes his First Amendment rights have been violated.
Johnson Varkey had been an instructor at St. Philip’s College in San Antonio since 2003. He had taught more than 1,500 students in that time, according to a letter his attorneys at First Liberty Institute wrote to the college, demanding his reinstatement. First Liberty Institute is a law firm that specializes in religious freedom cases, as noted in a Texas Scorecard report about Varkey’s firing.
According to the demand letter, on November 28, 2022, four students walked out of his class after he gave the chromosomal-based definition of sex.
In January of 2023, an email from Randall Dawson, vice president for academic success at St. Philip’s College, informed Varkey that a complaint had been filed against him and that his school access privileges had been suspended. Two weeks later, Varkey received a termination notice. The notice referenced “numerous complaints” lodged against Varkey.
“The complaint[s] contained several reports of ‘religious preaching, discriminatory comments about homosexuals and transgender individuals, anti-abortion rhetoric, and misogynistic banter,'” reads the demand letter.
The lawyers went on to assert that although Varkey is a devout Christian and holds many beliefs that would be considered socially conservative — such as “one’s sex is ordained by God” — he has never mentioned or preached about his religious beliefs in class. Therefore, the letter states, “the allegation that he conducted ‘religious preaching’ is unsubstantiated.”
The letter accuses St. Philip’s College of violating Varkey’s rights under the Free Speech Clause and Free Exercise Clause of the First Amendment, citing a number of judicial decisions. It also accuses St. Philip’s of violating Title VII of the Civil Rights Act, which prohibits termination for religious beliefs and protected speech.
The Dallas Express reached out to both Varkey’s legal team and St. Philip’s College for further comment.
Kayla Toney, associate counsel at First Liberty Institute, responded to a question about whether the student walkout was pre-planned.
“We don’t know. We do know that he was teaching basic biology from the college-approved textbook, and a handful of students walked out after he stated that biological sex is determined by chromosomes. Public universities have no business firing professors simply because they hold a different view than their students,” Toney said.
Asked whether there were any prior diversity, equity, and inclusion-based complaints against Varkey, Toney said, “No. Dr. Varkey received exemplary reviews from his students and supervisors for twenty years, teaching fact-based, widely-accepted science. Dr. Varkey received no student complaints or discipline during his career.”
The Dallas Express did not receive a response from St. Philip’s College by publication deadline.
