Two Teachers Sue After Being Fired for Refusing to Use Pronouns

In theory, everyone in the United States enjoys freedom of speech. As long as they are not inciting violence or threatening others, Americans are free to speak their mind – even if it offends other people. Some might argue that freedom of speech is especially important when people get offended, as this constitutional protection would be meaningless if it only applied to everyday, polite conversation. The issue of “pronouns” creates difficult First Amendment issues that have not yet been fully resolved, especially when it comes to learning environments. Two teachers who were recently fired for failing to use certain pronouns have decided to file lawsuits in response, and these lawsuits could help resolve this difficult conflict. 

Wisconsin Teacher Fired for Not Using Certain Pronouns

In July of 2024, the Wisconsin Institute for Law & Liberty announced that they had filed a federal lawsuit on behalf of a former teacher in Wisconsin. This teacher was allegedly fired for refusing to use the “preferred names and pronouns” of transgender students. Despite the fact that he objected to this enforced speech on religious grounds, the district decided not to renew his contract. Under Title VII of the Civil Rights Act, it is illegal to fire someone for their religious beliefs. At face value, this could be a violation of the Civil Rights Act. It is also a potential First Amendment violation. 

Indiana High School Teacher Fired for Refusing to Use Pronouns

Also in July of 2024, an Indiana high school teacher decided to file a similar lawsuit after being fired under almost identical circumstances. This teacher was supported by a “coalition” of 18 state attorneys – including the state attorney for Indiana. 

This particular individual taught music, and his superiors told him that he had two choices: He could either resign or be fired. Years earlier, his school had adopted a policy that forced its teachers to use certain pronouns and names based on individual student preferences.

Like many other teachers who felt strongly about their religious beliefs, this music teacher requested permission to refer to the students by their last names. This, he argued, would keep everyone happy while accommodating his religious beliefs. According to many Christians, God created only two genders – and a person’s gender can never be altered. That said, it is important to note that there are many Christians who reject the gender binary and find evidence for transgender people within the Bible.

Although the teacher was able to refer to students by their last names for a year, he received numerous complaints from both students and other teachers. In the end, the school decided to effectively terminate the teacher due to the supposed disruption he was causing. Again, this could be a Civil Rights violation since employees cannot be fired based on their religious beliefs. 

Some Federal Courts have Ruled Against Teachers and in Favor of School Policies on Pronoun Usage

It is important to point out that federal judges both in Indiana and Wyoming have ruled in favor of school district policies that require teachers to use students’ preferred pronouns and names and against teachers’ religious objections. In Indiana, the court found: “Brownsburg has demonstrated as a matter of law that the requested accommodation worked an undue burden on the school’s educational mission by harming transgender students and negatively impacting the learning environment for transgender students, for other students in Kluge’s classes, and in the school generally, and for faculty.” In fact, the 7th Circuit Court of Appeals upheld a federal judge’s prior ruling in favor of the school district and against the teacher.

A federal judge in Wyoming similarly found that the First Amendment’s Free Exercise Clause does not allow a religious exemption for teachers to misgender students. “In rejecting Ashley Willey’s request for a preliminary injunction, the court emphasized that the policy impacts her speech only in her official capacity as public school employee, not her private expression.”

How Will these Cases Ultimately be Resolved?

It is difficult to say whether these new lawsuits will be successful. There are certainly politicians, judges, teachers, students and members of the public on both sides of this debate. Many other teachers around the country have filed similar lawsuits, and a California teacher recently won a $360,000 settlement after suing under similar circumstances. 

The Goal of the Universal Life Church’s Blog

Each week, the Universal Life Church’s blog focuses on documenting the most noteworthy cases involving the required separation between church and state, free speech, LGBTQ+ rights and religious discrimination. Despite required Constitutional separation, many fear that the Supreme Court’s current majority could erode these rights. Our blog focuses on describing matters in a way that objectively examines both sides and which can be easily understood by readers.