Judge: School’s Pronoun Policy Amounts to Compelled Speech
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Judge: School’s Pronoun Policy Amounts to Compelled Speech
A judge found that a school district forced a teacher to engage in compelled speech when it required her to use students’ preferred pronouns.
From The Christian Post. 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.
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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.
“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.
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This article was originally published at The Christian Post. Photo Credit: Wesley Tingey on Unsplash.
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Heavenly Father, thank You for Vivian Geraghty, her heart for You and for the children she serves. By Your Spirit direct her steps and keep her in Your perfect peace. Today, I bring before You the Jackson School Distr. Board of Educ, their Superintendent, Distr Leaders (including Monica Myers, Dist Dir), and school leaders. May each of them encounter You personally. As they have required of Ms. Geraghty to give an account, let them so also give an account to You in Your courts of praise. Remove deceiving spirits, the pride of life, and false witness. Instead, inspire them to repent and do Your will. Children are an inheritance from You, what a gift! For those who reject Your word, remove them from positions of authority over every child and bring forward like-minded servants for this school. Overtake rulers of darkness and establish Your kingdom in every school classroom. Bring forward judges whom report to You and honor Your word. In Jesus’ mighty name. Amen.
This madness has spread even to small communities and school districts. When Christian children may not have been exposed to this aggressively and a new teacher shows up asking the whole class to state their pronouns trouble can start to brew. And what if a kid does have questions? Why would a teacher force them in front of all their classmates? This is evil.
Father, I bring Vivian Geraghty before Your throne this day. O Lord, what a terrible, wicked, sick condition we find our nation in. Please help her as she takes a stand for righteousness sake. Please give her strong endurance, courage, and wisdom as she faces the enemy. May she remember You are with her. Help the body of Christ to go with her through this battle. Oh Father, forgive us for the unconscionable, demonic, and stupid policies this district supports. We need You, O Lord, to grant us a spirit of repentance for the wicked sins eating away at our nation. Rise up, O God, through Your Son Jesus Christ, and give us the courage and grace to live for You.
Amen
Father God, convict by your Spirit all those that are in schools teaching like Ms. Geraghty. She stood strong in her faith may others be bold as a lion a stand up for your truth. In Jesus’ name.
We ask that freedom of speech be protected. May we speak with Godliness and love, may we teach the Bible and Godly living, for God is LOVE.
For Miss Vivian Geraghty and all those engaged in battles of/for 1st Amendment – and any Amendment for that matter; in any battle who are standing on our Gods’ tenets, precepts and scriptural perspectives:
Psalm 18: Of David, he sang to the LORD when the LORD delivered him from the hand of all his enemies and from the hand of Saul.
“As for God, his way is perfect: The LORD’s word is flawless; he shields all who take refuge in him.
For who is God besides the LORD? And who is the Rock except our God?
It is God who arms me with strength and keeps my way secure.
He makes my feet like the feet of a deer; he causes me to stand on the heights.
He trains my hands for battle; my arms can bend a bow of bronze.
You make your saving help my shield, and your right hand sustains me; your help has made me great.
You provide a broad path for my feet, so that my ankles do not give way.”
Psalms 18:30-36 NIV
….. and the song with the lyrics comes to my spirit:
There is no one like our God!
There is no one like our God!