Fort Riley Middle School has agreed to pay $95,000 in damages and attorneys fees for violating the First Amendment rights of Pamela Ricard; a math teacher at the school.
According to a release from Ricard’s attorney, she was reprimanded and suspended for calling a student by their legal and enrolled name, forcing her to conceal the student’s social transition from the student’s parents. Ricard was accused of misgendering the child on multiple occasions. The Geary County Schools’ Diversity and Inclusion Policy requires educators to refer to students by their preferred names and pronouns.
School administrators began issuing diversity and equity emails to teachers and staff in the spring semester of 2021, directing teachers to use preferred names in lieu of students’ legal names or the name they had listed in their enrollment records.
In April 2021, Ricard received a written notice and three-day suspension from Fort Riley Middle School when she addressed a biologically female student by their enrolled name rather than the name school counselors previously informed her the child wanted to go by. Ricard was also informed by the student’s classmate that the student preferred he/him pronouns.
In July 2021, Ricard appealed the discipilinary actions previously taken against her to the superintendent and the Board of Education of Geary County Schools. As previously reported by CNN, Ricard argued that her religious beliefs would not allow her to call transgender or nonbinary students by their preferred names and pronouns, and that religious accommodations should be made to the school policy. She also argued that the student never directly requested to be referred to as a different name. Ricard filed a legal complaint in March 2022.
Back in May of this year, the U.S. District Court for the District of Kansas permitted Ricard’s lawsuit to continue, discovering that “she was likely to prevail on her First Amendment free to exercise of religion claim, and granted her motion to stop enforcement of the parental communication portion of the district policy,” as stated in her attorney’s release.
According to Ricard’s representatives, Alliance Defending Freedom and Kriegshauser Ney Law Group, the case was dismissed by the court upon settlement.
“No school district should ever force teachers to willfully deceive parents or engage in any speech that violates their deeply held religious beliefs,” stated Tyson Langhofer, director of the Center for Academic Freedom with Alliance Defending Freedom. “We’re pleased to settle this case favorably on behalf of Pam, and we hope that it will encourage school districts across the country to support the constitutionally protected freedom of teachers to teach and communicate honestly with both children and parents.”
In the lawsuit, Ricard contested that her decision not to use preferred names or pronouns doesn’t harm her students. However, LGBTQ organizations and medical associations all across the country have consistently expressed the detrimental consequences of misgendering children and disregarding their preferred names.
“We know from research, long term, very powerful research, that affirming a young person’s gender leads to better health and well-being,” states Joel Baum, senior director of the nonprofit Gender Spectrum, in support of gender-diverse youth.
“This is about the basic rights and dignity of a human being. Your beliefs do not allow you to refuse to acknowledge who a student is.”
According to the lawsuit, after one incident occurred, where Ricard used a student’s birth name instead of their preferred name, principal Shannon Molt sent an email to all of the teachers at Fort Riley Middle School, stating, “When we have a student that requests to go by a preferred name that is different than their given name, our district honors the request. Once you are aware of a preferred name, use that name for the student.”
Ricard recognized in the suit that regardless of being told that another student who was listed in school records as female preferred to be called by a different name, she addressed the student by “Miss [student’s last name].” In multiple instances, Ricard was reminded to use the student’s preferred name and pronouns but proceeded to call the student by only their last name.
The lawsuit states: “Any policy that requires Ms. Ricard to refer to a student by a gendered, non-binary, or plural pronoun (e.g., he/him, she/her, they/them, zhe/zher, etc.) or salutation (Mr., Miss, Ms.) or other gendered language that is different from the student’s biological sex actively violates Ms. Ricard’s religious beliefs.”
Baum also stated: The American Psychological Association, 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.
The reality is LGBTQ youth who are not supported or protected by policies in schools, that prevent discrimination against them, end up really struggling and we hope a suitable system is implemented to protect the children.
