That is not the case with this 9th Circuit (who else?!) ruling. I'm of two minds about the ruling, leaning towards supporting it, but the reasoning behind it is that of a junior high schooler:
The 9th U.S. Circuit Court of Appeals on Friday overturned a lower court ruling. The lower court said the Mission Viejo teacher's disparaging of creationism as "religious, superstitious nonsense" violated a ban of governmental hostility toward religion."I don't like dark-skinned people."
The appeals court refused to address the constitutionality of the comments. Instead, it said Capistrano Valley High School teacher James Corbett is protected from such lawsuits because the instructor had a reasonable belief such comments were acceptable in an advanced placement European history class. (boldface mine--Darren)
"The teacher is protected from racial discrimination lawsuits because he/she had a reasonable belief that such comments were acceptable in an upscale suburban area in a class of white kids."
Yes, that's what I'm getting out of this case.