Local Virginia teachers no longer forced to use students' preferred pronouns after settlement

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Mother sued and won against school district that refused to follow her request that they refer to her daughter by her given name and pronouns

Tammy Fournier said she and her husband did not go along with school district’s "affirmative care" model, so they removed her daughter from the district and she later desisted from her gender dysphoria 

Teachers in Harrisonburg, Virginia, do not have to ask for or use students' preferred pronouns after a lawsuit settlement Tuesday.

Deborah Figliola, Kristine Marsh and Laura Nelson filed a suit in June 2022 against the Harrisonburg City School Board saying their rights protected in the Commonwealth’s Free Speech Clause and the Virginia Religious Freedom Restoration Act had been violated by compelling speech to which they object.

The lawsuit stemmed from the teachers having to undergo training to ensure they were compliant with the school board’s nondiscrimination policy, according to the Alliance Defending Freedom (ADF), which represented the teachers. The training entailed requiring teachers to ask a student’s "preferred" name and pronouns and to always use them. 

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The Alliance Defending Freedom scored a legal victory in the Rockingham County Circuit Court on Tuesday, representing Christian teachers who challenged the Harrisonburg City Public Schools. Photographer: Jeenah Moon/Bloomberg via Getty Images (Jeenah Moon)

The teachers said they were also expected to do so without notifying parents or seeking their consent. The Harrisonburg City Public Schools’ nondiscrimination policy threatened discipline against teachers and even "termination" for noncompliance.

The two sides reached an agreement when the school board granted the teachers religious accommodations Tuesday. 

In the settlement, the school board maintained that they do not require staff to ask for or use students' preferred names and pronouns and "[do] not support hiding or withholding information from parents." The board agreed to continue to inform staff about religious accommodations that are available.

ADF senior counsel Kate Anderson, director of the ADF Center for Parental Rights, said that 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," Anderson said.

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The Alliance Defending Freedom scored a legal victory in the Rockingham County Circuit Court Tuesday, representing Christian teachers who challenged the Harrisonburg City Public Schools. 

The Harrisonburg City Public School Board said in a statement, "The Harrisonburg City School Division is pleased to see this litigation resolved. From the start, our focus has been to support all students and employees with dignity and respect. Before the litigation began, we were open to collaborating on accommodations for diverse needs, as evidenced by our correspondence with ADF in early 2022.

"Our commitment is reflected in School Board policies and actions, including the adoption of a formal religious accommodations policy (Policy 682) over a year ago and the implementation of training for employees this August. These efforts demonstrate our dedication to fostering a respectful and inclusive environment.

"This case concludes because the processes we have always encouraged—both informal and formal—proved effective. We are gratified by this resolution and wish it could have been accomplished without litigation."

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ADF won a similar case in November involving a Virginia school board firing a teacher for refusing to use a student’s preferred pronouns.

An ADF attorney told Fox News Digital at the time that the settlement had "seismic implications."

"It protects all teachers in Virginia and its rationale should guide other courts addressing similar issues," ADF president and CEO Kristen Waggoner said.

The Virginia-based West Point School Board agreed to pay a former high school teacher, Peter Vlaming, $575,000 in damages and attorney’s fees after he refused to call a transgender student by their preferred pronouns.