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Teacher settles $95,000 lawsuit for refusing to use preferred name of trans or non-binary students

2022-09-02T06:52:03.591Z


A Kansas teacher who argued she had a religious belief that prevented her from calling transgender or non-binary students by their preferred names and pronouns has reached a $95,000 settlement with school district officials. 


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(CNN) --

A Kansas teacher who argued she had a religious belief that prevented her from calling transgender or non-binary students by their preferred names and pronouns has reached a $95,000 settlement with school district officials, according to a statement. of the teacher's lawyers.

Pamela Ricard, who teaches math at Fort Riley Middle School, was suspended for violating the Geary County Schools Diversity and Inclusion Policy that requires educators to refer to students by their names and preferred pronouns.

In the lawsuit, she said that she refuses to use the names and preferred pronouns of transgender and non-binary students because it violates her religious beliefs.

In May, the US District Court for the District of Kansas allowed Ricard's lawsuit to proceed, determining that he "would likely prevail in his First Amendment free exercise of religion claim, and granted his motion to stop enforcement of the parent communication portion of the district's policy," the statement said.

With the settlement, the case was dismissed by the court, according to representatives for Ricard, Alliance Defending Freedom and Kriegshauser Ney Law Group.

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The teacher received a three-day paid suspension for violations of 11 district policies.

"No school district should force teachers to knowingly mislead parents or engage in any speech that violates their deeply held religious beliefs," said Tyson Langhofer, director of the Center for Academic Freedom with the Alliance Defending Freedom.

"We are pleased to resolve this case favorably on Pam's behalf, and hope that it will encourage school districts across the country to support the constitutionally protected freedom of teachers to teach and communicate honestly with children and parents."

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A Geary County Schools spokeswoman confirmed a settlement has been reached and declined to comment further.

Ricard argued in the lawsuit that his decision not to use preferred names or pronouns does not harm his students.

But LGBTQ organizations and medical associations across the country have consistently emphasized the detrimental consequences of confusing children with gender and ignoring their preferred names.

"We know from very powerful, long-term research that affirming a young person's gender leads to better health and well-being," said Joel Baum, senior director of the nonprofit Gender Spectrum, which supports youth with gender diversity.

"This is about the basic rights and dignity of a human being. Your beliefs do not allow you to refuse to recognize who a student is."

This was the case for which the teacher was fired

According to the lawsuit, after an incident in which Ricard used a student's birth name instead of their preferred name, Principal Shannon Molt sent an email to all teachers at Fort Riley High School, saying, "When If we have a student requesting to be identified by a preferred name that is different from their given name, our district honors the request. Once we know what the preferred name is, that name will be used for the student."

Ricard acknowledges in the lawsuit that despite being told that another student listed on school records as female preferred to be called by a different name, Ricard called the student "Miss [student's last name]."

Ricard was reminded several times to use the student's first name and preferred pronouns, but she continued to call him only by her last name.

In April 2021, the lawsuit says Ricard received a three-day suspension with pay for violations of 11 district policies, including rules on harassment and diversity and inclusion.

School officials denied multiple appeals, the suit says.

"Any policy that requires Ms. Ricard to refer to a student with a gender, nonbinary, or plural pronoun (e.g., he/he, she/she, they/they, etc.) or salutation (Mr. ., Ms., Ms.) or other gender language that is different from the student's biological sex actively violates Ms. Ricard's religious beliefs,” the lawsuit says.

The American Psychological Association, the American Medical Association and the Pediatric Endocrine Society, along with dozens of other medical associations, have officially recognized the importance of affirming a young person's name and pronouns, Baum said.

LGBTQ youth who attend schools where they are not protected by policies preventing discrimination against them "report lower GPAs and are more likely to skip school because they feel unsafe," said Melanie Willingham-Jaggers, executive director of GLSEN, a national organization that supports LGBTQ+.

students and educators in K-12 schools.

"Transgender youth are more likely to consider suicide than their peers and experience other mental health crises that are exacerbated when they face this type of stigma and erasure in the classroom," she said.

transgender teen

Source: cnnespanol

All news articles on 2022-09-02

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