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I think that the overly-litigious nature of modern America is one of the symptoms of it's main problem - a complete lack of personal responsibility.
In this case though, the teacher is the one who should take responsibility for his mouth and be fired. The students have a valid case for a lawsuit against the school for hiring him and him personally for violating federal and I'm sure state laws by introducing faith-based teaching into public schools.
That precedent will shut up the rest of the flock in public schools, which would be a great start on removing their influence in a lot of places.
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