An Apostolic Protestant middle school teacher who resigned rather than use her students’ preferred names now faces trial over her claims of free speech and religion, a federal court in Ohio ruled.
Vivian Geraghty has proven without a trial that the requirement to use preferred names and pronouns amounted to compelled speech, that the speech was unrelated to her normal job duties and that the Jackson Local School District’s policy on the matter is not generally applicable, the U.S. District Court for the Northern District of Ohio said Monday.
The court said the factual issues requiring a hearing include whether it is developmentally appropriate for middle school students to freely choose their names and pronouns, and whether Geraghty resigned voluntarily or had no meaningful choice.
Only after a jury answers those questions can a legal decision be made as to whether the interests of the school board and three officials in forcing Geraghty to do what the students want outweigh their First Amendment rights, said Judge Pamela A. Barker. The decision is the latest to address the volatile issue, which Barker said is a question of religious and political significance.
The judge cited “diametrically opposed” expert opinions on whether following students’ preferences creates a supportive and safe learning environment or interferes with the natural process middle school students struggle with when first confronted with physiological and sexual anatomical functions. Geraghty’s medical expert disputes that studies show that gender identity-affirming practices such as preferred names and pronouns really reduce the risk of suicide or suicidal thoughts compared to other measures, Barker said.
Forcing Geraghty to follow the students’ preferences was coerced speech because it was intended to force her to say something she did not intend to say, the court said. The defendants failed in their argument that they only wanted to prevent Geraghty from continuing to use the names of students who wanted to use their new names. Geraghty no longer had a dispute because she refused to use the students’ preferred names and pronouns, the court said.
The speech had nothing to do with Geraghty’s normal job duties, even though it occurred during classroom instruction, as she is a middle school English teacher, Barker said. Geraghty’s position does not require her to teach LGBTQ+ topics, which are not even part of her school’s curriculum, the judge said.
The defendants were not entitled to summary judgment on the grounds that requiring employees to use preferred names and pronouns was neutral and generally applicable because the evidence showed there was no official policy, the court said. “The absence of a written policy” meant that any practice the school district followed was “a moving target” that may not even have been binding, the court said.
A jury must also determine whether Geraghty’s invocation of her First Amendment rights was the reason for her allegedly forced resignation, Barker said.
Geraghty’s claim for violation of due process failed because it was clear what the school district required of her, the judge said.
Alliance Defending Freedom and Gallagher Kavinsky & Burkhart LPA represent Geraghty. Plakas Mannos represents the defendants.
The case is Geraghty v. Jackson Local Sch. Dist. Bd. of Educ., 2024 BL 277147, ND Ohio, No. 5:22-cv-02237, 08/12/24.
