Firing for being 'too religious' challenged

The artwork that got the Dixons fired

It was just a simple floral image on the wall with a reference to the Bible's encouragement to "Consider the lilies," but it got a couple not only fired from their jobs but ejected from their home.

Now there is hope that their claims of religious intolerance on the part of the company that employed them as property managers will be heard by a jury.

That's after arguments today before the 11th U.S. Circuit Court of Appeals in the case brought by Daniel and Sharon Dixon alleging religious discrimination on the part of The Hallmark Companies and Hallmark Management, which own and run the Thornwood Terrace Apartments, a government-subsidized complex.

Mathew Staver, founder of Liberty Counsel, which dispatched Horatio Mihet, senior litigation counsel, to the appellate court to argue the case, said it appeared that the justices were concerned that no jury had been allowed to decide the case.

"I believe we're going to get a reversal [of the district court's dismissal of the case]," Staver told WND after the arguments were completed. "When opposing counsel [began arguments], the justices peppered him with questions about how should this not go to a jury."

WND originally reported in 2008 when the circumstances that prompted the couple's lawsuit developed.

The Dixons had managed an apartment complex owned by Hallmark in Lake City, Fla., for eight years. They lived in the complex as part of their compensation. From before their tenure, displayed in the apartment complex's management office was a stained glass depiction of flowers with the words, "Consider the lilies … Matthew 6:28."

The legal team explained a regional executive for Hallmark, Christina Saunders, visited the complex in anticipation of a government inspection and saw the glass artwork. According to Liberty Counsel, Saunders asked Sharon Dixon if the words on the artwork referenced the Bible.

When Sharon Dixon confirmed they did, Saunders instructed her to take it down. Sharon replied that she needed to consult her husband and co-manager, Daniel, and left the office to find him.

When the couple returned, Saunders had already removed the artwork, entered the Dixons' apartment without their permission and deposited the artwork there. According to the law firm, she then said Sharon and Daniel were "too religious," fired them and demanded they vacate their apartment within 72 hours.

Their claims under Title VII and Title VIII that prohibit discrimination in employment and housing on account of religion were rejected at the trial level, sending the case into today's arguments at the 11th Circuit.

Staver told WND that the company has the right to determine what appears on the walls of its property, but the removal of the artwork with the dismissal for being "too religious" is a symptom of a larger problem at the company.

He explained that the property company's attorney even confirmed during oral arguments at the court that had he been consulted, he would have advised that the art be allowed to remain.

Staver said the arguments went well, and it appeared to him the justices had reservations about rejecting the couple's complaints out of hand.

Earlier, when the conflict developed, the Agency for Workforce Innovation ruled in favor of the Dixons' request for unemployment compensation, finding the termination was not based on job performance.

The Dixons ended up moving to Jacksonville.

A spokeswoman at Thornwood Terrance today told WND she could not comment on the case, nor could she provide a number for a contact for the company.