A Federal Appeals Court in the United States has ruled that a public school teacher in Brownsburg, Indiana, does not have the right to misgender a transgender student simply because they are transgender. The court found that a religious accommodation could not justify harm to students and disruption to the learning environment.
The case, brought by the anti-LGBTQ legal group Alliance Defending Freedom, sought to challenge a policy that required all staff at Brownsburg High School to refer to students by their chosen names listed in the school records, including transgender students. John Kluge, who worked at Brownsburg High School as a music and orchestra teacher until May 2018, was among the teachers who presented a signed letter expressing religious objections to transgenderism. The letter asked that faculty and staff not be required to refer to trans students by their preferred pronouns and also objected to trans students being allowed to use the restrooms or locker rooms of their choice.
The school district rejected the request and informed Kluge that there were only three options: follow the policy, resign, or be suspended pending termination. Kluge was suspended and later compromised by asking to refer to all students by their last names only, and that he not be responsible for handing out gender-specific orchestra uniforms to students. However, this accommodation was also found to be unreasonable by the school officials as it created tension among the students and faculty.
The decision by the Federal Appeals Court reinforces the school policy that requires all staff to refer to students by their chosen name and gender identity, as listed in the school records. This policy also allows trans students to use restrooms of their choice and dress according to the gender with which they identify.
This decision by the Appeals Court has been welcomed by LGBTQ+ rights advocates, who have long argued that transgender students have the right to be treated with dignity and respect in schools. The ruling makes clear that a public school corporation has an obligation to meet the needs of all of its students, not just a majority of students or those who are unaware of or unbothered by certain practices.
This case is likely to be appealed to the U.S. Supreme Court, where the decision could have far-reaching implications for the rights of transgender students in schools across the country.