Virginia School District Will Respect Teachers’ Religious Freedom and Speech

Three Virginia teachers won a victory when “the Harrisonburg City School Board agreed to respect the teachers’ constitutionally protected right to do their job in accordance with their religious beliefs,” Alliance Defending Freedom (ADF) announced.

The teachers, Deborah Figliola, Kristine Marsh and Laura Nelson, no longer have to hide a child’s sexual identity confusion from parents and no longer must use a child’s “preferred pronouns,” which could be different from the student’s real sex.

ADF argued that these mandates violated the religious beliefs and free speech of the teachers, whose Christian faith prohibits lying to or deceiving parents.

Figliola was delighted by the verdict, saying:

As teachers, we care deeply about the children entrusted to our care. We could not idly stand by while the schools’ administration enforced a policy with a radical, one-size-fits-all approach to students struggling with their gender, and that allowed parents to be pushed out of the picture.

We’re thrilled for this legal victory that allows religious educators in the Harrisonburg school district to do the job we love, in a manner true to our faith.

The legal aid organization explained that the teachers filed a complaint after the school district unveiled new guidelines mandated by the Virginia General Assembly and released by the state’s department of education, “Model Policies for the Treatment of Transgender Students in Virginia’s Public Schools.” The district held a training during the 2021-2022 school year to explain the new policies to staff.

During the training, teachers were told that a child with sexual identity confusion might have a family that is “unsafe”:

Students should be focusing on their education, and they can’t if they feel unsafe!

Kids need to feel safe and cared for! Some families are unsafe and toxic if kids come out.

The training explained that teachers must comply with students’ preferred pronouns:

If a student shares a preferred name or pronoun different from your documentation on day #1, always utilize a student’s preferred name and pronouns.

The new policy stated that parents were not to be told about a child’s “social transition” at school, unless the student gave his or her permission:

If a student has not shared their gender identity or preferred name with their parent/guardian, it is not appropriate to take the lead on sharing this information or to contact the parent/guardian to ask permission to utilize the preferred name.

Teachers were told to withhold information from parents about their child’s mental health.

School staff were told they would be disciplined if they did not follow these guidelines.

ADF first sent letters to the district, explaining that the policy was unconstitutional. When the district did not change the policy, the teachers filed a legal complaint alleging that their rights were being violated.

As the case was winding its way through the courts, the Virginia Supreme Court ruled in 2023 that high school teacher Peter Vlaming’s rights were violated when his high school adopted and enforced a similar policy. The West Point School Board ended up paying $575,000 in damages and attorney’s fees to Vlaming, in a case brought to course by ADF.

The Virginia Circuit Court for Rockingham County pointed to that decision, ruling in a summary judgment against Harrisonburg City Schools:

The [Virginia] Supreme Court has answered the legal questions here. School boards can’t compel employees, over their objections, to refer to a student by pronouns that don’t correspond with the student’s sex. Vlaming v. W. Point Sch. Bd. …

Vlaming held that Virginia’s Free Speech Clause protects the right of teachers “not to be compelled to give a verbal salute to an ideological view that violates his [or her] conscience and has nothing to do with the specific curricular topic being taught.”

ADF Senior Counsel Kate Anderson, who argued the case before the Circuit Court, explained the significance of this victory that protects teachers’ rights and parental rights:

Deb, Kris, and Laura – like all teachers – are protected under the Constitution to do their job in alignment with their religious beliefs, including how they refer to their students and the vital information they share with parents.

We are pleased to favorably resolve this case on behalf of our clients and ensure that the Harrisonburg City School Board will respect every teacher’s right to speak consistent with her faith.

The Virginia Department of Education released new policies regarding transgender-identified students in July, 2023, better ensuring the rights of parents and teachers in public schools. Teachers are now instructed to partner with parents – rather than hide critical information concerning their children from them.

Related articles and resources:

Free Speech Victory for Virginia Teacher Fired Over ‘Transgender’ Pronoun Policy

Responding to a Transgender-Identified Family Member

Transgender Resources

Teacher Wrongly Fired for Refusing to Use ‘Preferred Pronouns’ Wins $575,000

Teacher Fired For Not Using Student’s “Preferred Pronouns”

Image credit: ADF

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