18 states back Indiana teacher’s religious liberty lawsuit in transgender pronoun dispute

Washington, D.C. Newsroom, Jul 22, 2024 / 15:15 pm

A coalition of 18 state attorneys general is throwing its support behind a lawsuit from a former Indiana high school teacher who lost his job because he would not use pronouns for students that were inconsistent with their sex. 

The Republican coalition, co-led by Indiana Attorney General Todd Rokita, filed an amicus brief with the United States Court of Appeals for the 7th Circuit on Wednesday that asks the judges to rule that the teacher’s religious liberty was violated. 

An amicus brief, also known as a “friend of the court” brief, is a document filed by parties that have an interest in the outcome of the litigation but are not parties in the lawsuit.

Former music teacher John Kluge, who taught orchestra at the Brownsburg Community School Corporation just northwest of Indianapolis, was given the option of resigning or being fired from his job over the pronoun dispute, according to his lawsuit.

In 2017, the school district adopted a policy that forces teachers to use pronouns and names that reflect a student’s self-asserted gender identity, even if they are inconsistent with the student’s sex.

Kluge requested a religious accommodation that would allow him to avoid using any pronouns in reference to students, simply calling them by their last names, so he could avoid using pronouns that are inconsistent with a student’s biological sex.

The school district initially granted Kluge — a Christian — his requested accommodation and he taught for another year, according to the lawsuit. After receiving complaints from a few students and teachers, the school district revoked his accommodation, according to the lawsuit, and then “forced Mr. Kluge to resign or be fired.”

In the amicus brief, the attorneys general wrote that the school district “squandered an opportunity to showcase to students respect for people with different religious beliefs and practices” by forcing Kluge’s resignation. 

“Discriminating against teachers with religious convictions raises serious concerns as to the values taught to students and whether students are truly free to discover, learn, and grow in their own thought processes and beliefs,” the attorneys general added. “Schools should strive to teach respect for all religions instead of uniformity of thought.”

In a statement, Rokita said that Kluge’s compromise to avoid pronoun use altogether would allow him “to treat everyone equally and respectfully while also staying faithful to his own religious convictions.” 

“Kicking this teacher to the curb sends students the wrong messages about America’s heritage of respecting religion,” Rokita added. “And, at a time when teachers are in short supply, this kind of intolerance of faith among faculty members is sure to push additional good teachers out of the classroom.”

Rory Gray, who serves as senior counsel for Alliance Defending Freedom — the legal group representing Kluge — told CNA that “public schools can’t force teachers to abandon their religious beliefs.” 

“Mr. Kluge went out of his way to treat all his students with respect and care,” Gray said. “Yet the Brownsburg school district violated Title VII by censoring and punishing him for his religious beliefs. The 7th Circuit should … protect the religious convictions of employees, especially for teachers in our public schools.”

A spokesperson for the school district did not respond to a request for comment from CNA.

The school district has argued that the requested accommodation provides the district with an “undue burden” that jeopardizes the enforcement of its policies. 

The district has also argued that refusing to use a student’s preferred pronoun and name could violate Title IX’s prohibition on sex discrimination — a question that is currently before several courts.

In 2021, a Virginia teacher was fired after he criticized a proposed Loudoun County Public School Board policy that would require teachers to use a student’s preferred pronoun and name. The school board ultimately adopted the policy but reached a settlement with physical education teacher Byron “Tanner” Cross that gave him his job back.