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America April 14, 2023 3 mins read

Federal Appeals Court Upholds School District’s firing of teacher who refused to use transgender students’ first names and pronouns

America ı By Jackie Allen

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transgender students

 

A recent ruling from the 7th U.S. Circuit Court of Appeals has upheld a decision by a federal judge, stating that an Indiana school district did not violate a former music teacher's rights. And the district was not at fault for the teacher’s resignation after he refused to use transgender students' first names and gender pronouns. 

The court case has sparked a debate about religious beliefs, accommodation, and the rights of transgender students in schools.

The teacher in question, John Kluge, was hired in 2014 as the music and orchestra teacher for Brownsburg High School, which is 30 miles from Indianapolis.  

In 2017, the district implemented a policy requiring teachers to use the names and pronouns listed in the school's official student database, which allowed for changes with parental and medical consent. 

Kluge expressed a religious objection to using transgender students' names and pronouns, and the district initially accommodated him by allowing him to use last names only and exempting him from handling orchestra clothing.

Two transgender students reported feeling singled out and hurt by Kluge's refusal to use their first names. Other students, teachers, and counselors also voiced concerns about the uncomfortable learning environment created in Kluge's classroom.

Teachers must use transgender students first names

 In January, the district informed all teachers that they would now be required to use the first names and pronouns listed in the database. And Kluge questioned whether the rule would apply to him. 

He was given the option to comply, resign, or be fired. Kluge chose to resign and subsequently sued the school for religious discrimination.

The federal judge ruled that Kluge's refusal to use transgender students' first names and pronouns created an undue hardship on the district, which has the responsibility to educate all of its students. 

The appeals court agreed, stating that the accommodation of using last names only resulted in students feeling disrespected, targeted, dehumanized, and disrupted the learning environment. 

The court concluded that the district demonstrated that the teacher’s requested accommodation was an undue burden on the school's educational mission.

Rory Gray, who is representing Kluge with the conservative legal group Alliance Defending Freedom says they are considering next steps.

“Congress passed Title VII to prevent employers from forcing workers to abandon their beliefs to keep their jobs,” Gray said. “In this case, Mr. Kluge went out of his way to accommodate his students and treat them all with respect. The school district even permitted this accommodation before unlawfully punishing Mr. Kluge for his religious beliefs.”

 

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Jackie Allen

Jackie is a freelance journalist and technology geek. She worked as a telecom project director for AT&T and BellSouth. Before joining the USA Herald she has written books, articles, blogs and whitepapers. Her clients include Samsung and other technology companies.

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