Freshwater violated the constitutional separation between church and state and was rightfully fired, said David Smith, an attorney for the Mount Vernon School Board.
Smith said Freshwater can't "teach evolution from a Christian perspective" without violating constitutional protections against government establishment of religion.
"There is no academic freedom of the teacher to do that," Smith argued. "This is not a case about industrial hemp. It's not a case about the Iraqi war. Political sociological viewpoint is something completely different."
Freshwater's attorney, Rita Dunaway, said accounts of Freshwater's class conduct were exaggerated and he was exercising his academic freedom to explore controversial ideas.
She said the board's decision to dismiss Freshwater showed hostility toward religion.