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Bexar County Sheriff Salazar Faces Lawsuit for Religious Discrimination

Bexar County Sheriff Salazar Faces Lawsuit for Religious Discrimination

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In a recent lawsuit, Luis Rafael Borges accuses Bexar County and its Sheriff, Javier Salazar, of rescinding his job offer due to his wife’s religious beliefs, violating his constitutional rights. Borges’s suit, filed in the Western District of Texas, outlines a series of events suggesting that the Bexar County Sheriff’s Office (BCSO) withdrew his employment offer solely because of his association with his wife’s veneration of La Santa Muerte, a folk saint with significant cultural and religious meaning in Mexico and parts of the United States.

The court filing details Borges’s path through the application process for a Detention Officer role, beginning with a flyer from the BCSO advertising openings in detention, law enforcement, and dispatch. Seeing this opportunity, Borges applied on May 18, 2024, and met the office’s qualifications, progressing smoothly through several steps, including a reference check, criminal background check, and polygraph test. According to the lawsuit, Borges then received a text message from Deputy Heather Gonzalez on June 3, 2024, congratulating him on his upcoming role and advising him to prepare for his start date by putting in his two-week notice at any current job.

However, the next phase of the hiring process involved an in-depth home inspection. On June 4, 2024, BCSO employees conducted an inspection of Borges’s home, meticulously photographing and recording each room. The inspection revealed an altar dedicated to La Santa Muerte, a revered figure in Mexican folk religion known as “Holy Death” or “Saint Death.” Borges’s wife, Stephany, holds a sincere belief in La Santa Muerte and practices her faith through prayers and rituals, conducted at the altar within their home. Although Borges does not share this belief, the complaint emphasizes his respect for his wife’s practices, noting that he does not interfere with her religious observances.

According to the lawsuit, the altar was of such concern to the BCSO that it led directly to the rescinding of Borges’s job offer. On June 15, 2024, Borges received a call from the Sheriff’s Office, informing him of his “disqualification.” The following day, he was notified that Sheriff Salazar himself had withdrawn the job offer because of his wife’s religious affiliation. The complaint underscores that this decision had no connection to Borges’s own beliefs or his qualifications, portraying it as a targeted action based purely on his association with Stephany’s faith.

In the lawsuit, Borges argues that this action infringes upon his First Amendment rights to freedom of association and religion. His attorney, Mark Anthony Sánchez, asserts that Salazar’s decision constitutes “an intentional and deliberate act of discrimination,” further claiming that Salazar’s role as a final policymaker for Bexar County employment decisions enabled this violation. Borges’s legal team emphasizes that under Salazar’s authority, the Sheriff’s Office has failed to treat employees equally, especially where religious beliefs or associations are involved.

Additionally, the lawsuit raises concerns about broader discriminatory practices within the BCSO, alleging that Salazar and his deputies have established a pattern of disregarding the rights of individuals associated with certain religious beliefs. Borges contends that the Sheriff’s Office’s actions reflect a wider, unofficial policy permitting discrimination based on religious associations, a claim that, if substantiated, could lead to significant implications for Bexar County’s employment practices.

Borges is seeking compensatory damages for lost wages, emotional distress, and the potential loss of benefits associated with the rescinded offer. The complaint also requests punitive damages against Salazar, arguing that his actions were intentional and with a high degree of risk to Borges’s constitutional rights. Further, Borges seeks a court order for his reinstatement and an injunction prohibiting Bexar County from considering religious affiliation in employment decisions.


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