School district forcing teacher to use preferred pronuons is 'compelled speech,' not 'neutral' policy: judge
A federal judge has ruled that an Ohio school district may have violated a teacher's First Amendment rights by forcing her to resign for refusing to use trans-identified students' preferred names and pronouns due to her religious convictions.
Judge Pamela Barker of the Northern District of Ohio issued an order earlier this month denying and granting in part competing motions for summary judgment filed by Jackson Local School District in Jackson Township to dismiss the lawsuit filed by former Jackson Middle School English teacher Vivian Geraghty.
The litigation is ongoing as several issues remain unresolved.
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"Specifically, the Court concludes that Geraghty's compelled speech was not pursuant to her ordinary job duties and that the District's name and pronoun practice was not neutral and generally applied," Barker, a Trump appointee, wrote. "But it withholds deciding whether the Pickering balancing test and strict scrutiny weigh in Plaintiff's favor or Defendants' favor until a jury makes factual determinations regarding the alleged interests at stake."
Geraghty filed a lawsuit against the Jackson Local School District Board of Education, its superintendent and several district and school leaders in December 2022, more than three months after she was asked to resign. At the beginning of the school year, Geraghty expressed concerns to her principal, Kacy Carter, about the request for her to use students' preferred names and pronouns.
This led to a series of meetings between Geraghty and school and district leaders. All three meetings occurred on the same day, including Geraghty's initial discussion with Carter.
During one meeting, Monica Myers, the district's director of curriculum, instruction and assessment, asked Geraghty to elaborate on her religious beliefs and why they prevented her from using students' preferred names and pronouns. Geraghty, who identifies as an apostolic Pentecostal, said she believes in the existence of only two sexes and that using names and pronouns contrary to a person's biological sex is against her beliefs.
Although Carter told Geraghty she could avoid using pronouns and only refer to students by their preferred names, Geraghty maintained that her religious beliefs prevented her from doing so, stating she was "unwavering" on the issue. Geraghty testified that Myers informed her that "taking this stand would count as insubordination."
After Geraghty reiterated that she would not use the students' preferred names and pronouns because she believed it was dishonest, Carter told her, "We need a letter of resignation effective today." Geraghty ultimately resigned but contacted the teachers' union two days later to determine if her rights had been violated.
The union president informed Geraghty that she could rescind her resignation if she agreed to use the student's preferred names and pronouns. Geraghty declined the offer and chose to proceed with her resignation.
Geraghty's lawsuit alleged that the school district violated her First Amendment rights by engaging in free speech retaliation, compelling her to engage in speech against her will, and infringing on her right to practice her religion freely. The lawsuit also challenged what Judge Barker described as a "vague and overbroad policy regarding the social transition of students." Additionally, Geraghty argued that the district violated her right to freely exercise her religion as protected under the Ohio Constitution.
Barker rejected the school district's argument that Geraghty failed to follow the proper grievance process. The judge also determined that "there are genuine disputes of material fact about whether Geraghty involuntarily resigned and, if she did, whether her protected conduct (if there was any) caused her to resign."
While Barker sided with the school district by dismissing Geraghty's claim that it violated her due process rights, she denied the district's request to dismiss the portion of the lawsuit involving school district officials being sued in their official capacity.
Ryan Foley is a reporter for The Christian Post. He can be reached at: ryan.foley@christianpost.com
