A former “Teacher of the Year” in Mount Dora, Fla. has been suspended and could lose his job after he voiced his objection to gay marriage on his personal Facebook page.

Jerry Buell, a veteran American history teacher at Mount Dora High School, was removed from his teaching duties this week as school officials in Lake County investigate allegations that what he posted was biased towards homosexuals.


“We took the allegations seriously,” said Chris Patton, a communication officer with Lake County Schools. “All teachers are bound by a code of special ethics (and) this is a code ethics violation investigation.”

Patton said the school system received a complaint on Tuesday about something Buell had written last July when New York legalized same sex unions. On Wednesday, he was temporarily suspended from the classroom and reassigned.

Patton said Buell has taught in the school system for 22 years and has a spotless record. Last year, he was selected as the high school’s “Teacher of the Year.”

But now his job is on the line because of what some have called anti-gay and homophobic comments.

Buell told Fox News Radio that he was stunned by the accusations. “It was my own personal comment on my own personal time on my own personal computer in my own personal house, exercising what I believed as a social studies teacher to be my First Amendment rights,” he said.

The school system declined to comment on the specific Facebook messages that led to their investigation, but Buell provided Fox News Radio with a copy of the two Facebook messages that he said landed him in trouble.

The first was posted on July 25 at 5:43 p.m. as he was eating dinner and watching the evening news.

“I’m watching the news, eating dinner when the story about New York okaying same-sex unions came on and I almost threw up,” he wrote. “And now they showed two guys kissing after their announcement. If they want to call it a union, go ahead. But don’t insult a man and woman’s marriage by throwing it in the same cesspool of whatever. God will not be mocked. When did this sin become acceptable?”

Three minutes later, Buell posted another comment: “By the way, if one doesn’t like the most recently posted opinion based on biblical principles and God’s laws, then go ahead and unfriend me. I’ll miss you like I miss my kidney stone from 1994. And I will never accept it because God will never accept it. Romans chapter one.”

According to the school system, what Buell wrote on his private account was disturbing. They were especially concerned that gay students at the school might be frightened or intimidated walking into his classroom. Patton also disputed the notion that Buell’s Facebook account is private.

“He has (more than) 700 friends,” he said. “How private is that – really? Social media can be troubling if you don’t respect it and know that just because you think you are in a private realm – it’s not private.”

Buell’s attorney strongly disagreed and accused the school system of violating his First Amendment rights.

“The school district is being anti-straight, anti-First Amendment and anti-personal liberty,” said Horatio Mihet, an attorney with the Liberty Counsel. “The idea that public servants have to whole-heartedly endorse homosexual marriage is repugnant to the First Amendment of the U.S. Constitution,” Mihet told Fox News Radio.

“All he did was speak out on an issue of national importance and because his comments did not fit a particular mold, he is now being investigated and could possibly lose his job. What have we come to?”

Buell said he does not know the individual who filed the complaint, but the past week has caused his family “heartache.”

“To try and say you could lose your job over speaking about something in the venue that I did in the manner that I did is not just a knee-jerk reaction,” he said. “It’s a violent reaction to one person making a complaint.”

But Patton said the school system has an obligation to take the comments seriously. He said Buell will not be allowed back in the classroom “until we do all the interviews and do a thorough job of looking at everything – past or previous writings.”

To accomplish that, he said people have been sending the school system screenshots of Buell’s Facebook page.

“Just because you think it’s private, other people are viewing it,” Patton said, noting that the teacher’s Facebook page also contained numerous Bible passages.

Mihet said he was livid.

“These are not fringe ideas that Mr. Buell espoused on his personal Facebook page,” he told Fox News Radio. “They are mainstream textbook opposition to homosexual unions – and now he’s been deemed unfit to teach children because he opposes gay marriage? My goodness.” Buell believes the school system is trying to send a message to Christian teachers.

“There is an intimidation factor if you are a Christian or if you make a statement against it (gay marriage) you are a bigot, a homophobe, you’re a creep, you’re intolerant,” he said. “We should have the right to express our opinions and talk about things.”

But some legal experts believe that school teachers could be held to a different standard when it comes to using social networking sites like Facebook and Twitter.

“This teacher is right on the cusp of going over the line,” said Miami attorney Justin Leto. “If he is ‘friends’ with his students on Facebook, then I think he should not be surprised by the school’s actions. However, if he has a private page and restricts student access, then he should be free to say what he wishes.”

Leto said teachers should have the right to make statements about their own personal beliefs without fear of retribution from their employer. “This assumes that the comments are not hateful, racist or malicious,” he said.

“It’s a little bit more complicated with a school teacher,” said Brad Jacob, a law professor at Regent University. “The first question you have to ask, did this context communicate that the teacher was speaking on behalf of the government?”

But what about on social networking sites, like Facebook and Twitter? “School teachers generally have free speech rights, and the government may not censor the private speech on public school teachers,” he said.

However, if Buell had communicated his opinion on gay marriage in the classroom, Jacob said the teacher would have been on shaky legal ground. “If he communicated those views in the classroom, I think the state could have grounds to punish or fire him,” he said.

Reaction in Central Florida has been mixed.

Brett Winters, a former Mount Dora student, told the Orlando Sentinel he was disappointed about Buell’s comments. “This type of hateful language is dangerous not only to gay students, but also to anti-gay students,” Winters told the newspaper.

Michael Slaymaker, president of the Orlando Youth Alliance, told the newspaper that gay students might feel uncomfortable in Buell’s class.

“I would hope a teacher would be there to help them and not hurt them,” he told the Orlando Sentinel.

Meanwhile, hundreds of people have joined at least two Facebook groups calling for the school system to reinstate the popular teacher. “He’s developed a reputation as being one of the most caring teachers in the school,” Mihet said.

Buell said the most disappointing part of the investigation is that he may not be in his classroom on Monday – the first day of the school year.

“This is the place where you will receive the most respect out of any place you’ll be all day. I love my kids. I take my job very seriously.”

Read more: http://www.foxnews.com/us/2011/08/19/florida-teacher-suspended-for-anti-gay-marriage-post-on-personal-facebook/#ixzz1VYdQTTc3

It truly amazes me the double standard being used today to push one agenda... and people want to know what is wrong with our school systems.

Its one of those things where boundaries may be being pushed 'too far' in the name of trying to never offend.


I attended a discrimination and harassment seminar that even explained that intent was unimportant to a ruling of harassment. Even if one is having a one on one with someone and someone is offended by what they 'overhear', that third party can file suit.

Seems the same here, even though he is not on school time, he can never voice any opinion that may be 'overheard' (even in cyber world) that may 'offend' someone.

Personally, I Think all that should matter is the persons work history. IF there is no record or pattern of bias and discrimination in their work, what they 'said' outside of school should be irrelevant.

Just my opinion.



IF he friended students on his page, that may cause a disruption in his duties however, that I could see a reason for reviewing and 'disciplining', but not taking his livelihood from him.

When teachers can sit in their class room and push the liberal agenda and promote liberal candidates and nothing happens to them.

i have worked with people who were terminated because of facebook/myspace posts on more than one occasion, and i'm well aware that if i post offensive threads myself, i could easily lose my job, as reputation is a huge part of where i work.

i would not want this person teaching my children. i fully support his being removed from the classroom. if my gay child were to see his facebook page and then have to attend his class, i'd be furious...she faces enough ridicule as it is.

he could have said he opposed the legalization of gay marriage without being offensive.

I disagree with the whole concept that employers should have any right to decide anything off of an internet posting

which , by the way, can actually be posted by ANYONE claiming to be ANYONE else they choose...

but thats the culture we live in with technology,, unfortunately

I also disagree that people have to be identified by their sexual preferences at all in the educational or professional arena

why not just decide if a teacher is doing his 'JOB' and leave all the political stuff out of the classroom...

there may be lots of private things I do (including kissing women) that my employer or teacher doesnt approve of,, so what, as long as they dont discriminate against me when IM working or at school,,, as long as they dont single me out in school or at work, as long as they dont ostracize me PERSONALLY


when did anyones SEX LIFE become something that belonged in a classroom or professional setting anyhow,, its private business, people should keep it private and understand not everyone will agree with everything we choose to do privately,,,

yes, the issue is that he friended students on such a forum if he was going to use it to express 'controversial' opinions

I find this an obvious violation of his rights. Not only freedom of speech but of religion. He quoted the bible to say why he thought it was wrong. He also said he didnt mind if they had a union but to not make it marriage. I hope the dude has a chance to sue the school if he so desires. Yes, people can unfriend him. He was not threatening violence or anything. Just stating his opinion.

I understand the issue if he is Mingling with students outside of school and expressing these types of opinions to THEM

otherwise, I totally agree that his private opinions on private time are and should be his business if there is NO history or evidence of biased or discriminatory history on his JOB...

Should his First Amendment rights cover letting him voice his opinion that he agrees with the Bible that homosexuality is a capital crime?

Would YOU yourself feel comfortable having a Fire-And-Brimstone preacher teaching your kids in publicly-funded schools?


-Kerry O.

Firstly this has nothing to do with his teaching environment. This is something he did at home. Thats like saying if the teacher owns a gun that he keeps at home and he goes to a firing range (or goes hunting) to practice he is dangerous because he owns a gun. It has nothing to do with his teaching environment.

He is not denying anyone any constitutional right. He is fine with their union he just doesnt want it called marriage. As far as I know there is no constitutional right to marriage. There is a constitutional right to free speech. Hell white supremacists can go an protest something legally if they have the proper permits and you can't do anything about it. (or any other thing lots of people dont agree with because of freedom of speech)

Now if he was in his class room telling kids its wrong maybe thats one thing but he wasn't. He was on fb.

Actually, he didn't just say this at home. He said this on facebook for everyone to see. With 700 friends, that's hardly in the privacy of his own home.

Now you are just making stuff up. That is racism. Marriage has always been the union of a man and a woman. Thats what it has been for 1000s of years. Now people are wanting to change the definition of marriage. Not to mention you are saying that people who don't get married cant be happy. I dont buy it. In fact with 50% of marriages ending in divorce I really dont buy it. One does have the freedom of speech and religion in the constitution though. You can't argue that its ok for gay people to be protected by the constitution but not people like this teacher. If you are really for rights you should be arguing that his opinion is wrong but that you support his right to have it and the school is wrong.

sing me it doesn't matter if its not private. It isn't at school and has no baring on his teaching. My mention of him being a hunter or going to a firing range isn't private either. Are you saying you only have freedom of speech in your home?

this is why technology irks me. You can 'say' whatever you want. I can even get a picture of you and post something that appears to be 'your' opinion,,that has little to do with whether you do your 'job' when you are on the clock

The only way it should be the employers concern is IF you have shown some type of discrimination on the job. But we are leaning way too far into idealism that imposes upon certain 'rights'... in my opinion. ITs like harassment laws that say the client and coworkers have to 'get over' things that make them uncomfortable about a person, so long as they do their job.

We are about to have a transgender law here. Transgenders or even those considering will be able to walk in wearing dresses (men) and nothing can be done because they are now a 'protected class'.
The way it was explained to me was that when minorities were discriminated against, people often refused to patronize businesses where we worked and I should see this as no different, even though we do have absolute control over what we wear and how we present ourself.

Technology has really screwed up the idea of free speech beyond all repair.


SO we have to accept all types of people but not people who may believe that same sex marriage is wrong, or people who believe in certain religious doctrines,, for them, they must stay in the closet apparently.


As I said before, if it were me, I would judge peoples retainability with how well they did their job, PERIOD. end of story.

what they SAID outside their job is a matter for gossip and irrelevant.(at least in my opinion).

who cares what we 'say'? the laws are the laws. I dont think high school children are running out in droves to getting married so it shouldnt be a classroom issue anyway. Students are there to LEARN, their 'sexual orientation/preference' is irrelevant to that goal.

If this is your case then you would have to prove that his opinion is reflected in his class room. There are no facts to support this unless you are claiming facebook is a classroom. If any of his students decided to friend him on fb that was their choice and has nothing to do with school. It is completely unrelated and should have no effect on his job. I still think he should hire a lawyer. There are people out spoken about teaching creationism in schools. If those are teachers should they lose their jobs? Maybe they make the religious kids feel like outcasts.

There was a time when interracial marriage wasn't allowed. Remember, the law was changed. Are you ok with that change, yet not allowing two adults, no matter what sex they are, to get married?

When it comes to being a teacher, you have to be careful how you say things. Obviously, this got out and didn't stay public. What happens when a gay student is in his class and doesn't feel safe and comfortable because of the views he put on facebook? What if it had been racial issues? Would you have been ok with a racist teacher spouting those beliefs on facebook?

legally, putting feelings and opinions aside. If his contract specifically mentions such 'public/private' opinions(like certain newscaster contracts do) , than he should be considered wrong.

In the case of making a similar remark. Had he said that he seeing an interracial couple kiss makes him sick and that it shouldnt be considered marriage, I would not like his opinion, but I wouldnt call for his employer to make any decision on his employment UNLESS my child said that he somehow applied that opinion IN CLASS By being in any way discriminatory towards them.

People can and do say anything at given moments , people have bad days, peoples opinions change. To be so uber sensitive to everything people say without regard to whether their actions back them up is ridiculous to me. ITs like assuming somone is sorry just because they said so. IT means little if there is no action to back it up.

My co mingler made an excellent point about a scientist espousing an opinion that creationism shouldnt be taught in school. That may make an uncomfortable environment for christians in his class who come to find out he felt that way,, or they may be able to seperate what he SAID in one moment on a screen from how he treats them in class.

IF it is not mentioned in his contract and there is no proof that he in any way applies these opinions ON HIS JOB, than I feel it is a matter of personal opinon that has nothing to do with his job and should not factor in from his employees pov.

Check Leviticus 20 and Romans 1. Then, go out to the web and read how these verses are interpreted by very vocal evangelical/fundamentalist Christians who post endless pages about the topic.


Ever see what happens to a stuffed owl put on a pole in the middle of a country field? It's wonderous to behold as crows from miles around swarm to peck the stuffings out of it. That's what the topic of homosexuality is for folks like this teacher, and I agree with you-- I wouldn't want him in the class room if he can't control his passions.


-Kerry O.

sexual preference doesnt belong in a classroom.

so if you like to hang from a chandalier and I dont agree with it, and say so OUTSIDE of the class to 'friends' who cares, so long as Im doing my job to EDUCATE you as my job requirements specify,,,