Former Atlanta fire chief sues city for religious discrimination

Ousted Atlanta Fire Chief Kelvin Cochran filed suit against the city and Mayor Kasim Reed today, alleging he was fired for his Christian beliefs about sexuality.

Reed terminated Cochran after someone complained about a book Cochran wrote and self-published—titled Who Told You That You Were Naked?—which includes brief comments supporting traditional marriage and orthodox Christian teachings on sexuality.

“Americans are guaranteed the freedom to live without fear of being fired because of their beliefs and thoughts,” said David Cortman, a lawyer with Alliance Defending Freedom (ADF), which is representing Cochran. “The city of Atlanta is not above the Constitution and federal law. In America, a religious or ideological test cannot be used to fire a public servant.”

Perhaps anticipating a lawsuit, Reed, who is a lawyer, claims he fired Cochran for insubordination. “This has nothing to do with his religious beliefs,” Reed said in early January. “It has everything to do with the decision to publish a book, with the contents of this book, without talking to your boss. Period.”

But ADF points to comments made by an openly gay city council member who pushed for Cochran’s firing as evidence the termination had everything to do with the chief’s beliefs.

“I respect each individual’s right to have their own thoughts, beliefs, and opinions, but when you’re a city employee and those thoughts, beliefs, and opinions are different from the city’s, you have to check them at the door,” councilman Alex Wan told The Atlanta Journal-Constitution in November.

When he announced Cochran’s suspension, Reed said the chief’s writings “deeply disturbed” him, adding that he would not tolerate discrimination at City Hall and ordered an investigation to determine whether Cochran discriminated against anyone in the fire department. He also ordered Cochran to undergo sensitivity training.

The city’s investigation, which included interviews with fire department employees, turned up no instances of discrimination, according to ADF.

The mayor has been a vocal proponent of LGBT rights throughout his time in office, although until two years ago, he favored civil unions over same-sex marriage. The Human Rights Campaign gave Atlanta a perfect score for LGBT friendliness in 2013.

Cochran’s suit alleges he suffered retaliation and viewpoint discrimination for beliefs that ran counter to the mayor’s. City employees who share Reed’s support for homosexuality and same-sex marriage are allowed to express their views freely, the suit says, adding that Cochran’s firing will have a chilling effect on city employees who want to participate in constitutionally protected free speech.

The suit also faults the city for not following its procedures for termination, which give employees the right to respond to accusations against them.

Although Reed, elected in November to a second term in office, said Cochran’s beliefs did not cost him his job, he highlighted them in numerous interviews about the situation, making it clear he disagreed with Cochran’s position on homosexuality.

Cochran disputes Reed’s claim that he didn’t get permission to publish the book, saying the city’s ethics office gave him the green light, even telling him he was free to mention his position as chief in the author biography.

Until now, Cochran has enjoyed nothing but praise from city and national leaders. He became Atlanta’s fire chief in 2008 and joined the Obama administration as the U.S. fire administrator between 2009 and 2010. He also serves as a deacon at Elizabeth Baptist Church.

“To actually lose my childhood-dream-come-true profession—where all of my expectations have been greatly exceeded—because of my faith is staggering,” Cochran said. “The very faith that led me to pursue my career has been used to take it from me. All Americans are guaranteed the freedom to hold to their beliefs without the consequences that I have experienced.”