US Court Upholds School Pronoun Policy in Key Ruling (50 characters)[1][2][4]

US Court Upholds School Pronoun Policy in Key Ruling (50 characters)[1][2][4]

The U.S. Court of Appeals for the Fourth Circuit recently upheld a Maryland school district’s policy requiring teachers to use students’ preferred pronouns, ruling it does not violate a substitute teacher’s First Amendment rights.

Case Background and Parties Involved

Kimberly Ann Polk, a substitute teacher in Montgomery County Public Schools, filed a lawsuit in 2024 against the school district. She objected to the district’s policy mandating the use of students’ preferred names and pronouns, as well as restrictions on disclosing gender identity information to parents. Polk, citing her Christian beliefs, requested a religious accommodation to avoid using pronouns differing from a student’s biological sex[1][2][4].

The district court, under U.S. District Judge Deborah L. Boardman, dismissed Polk’s First Amendment claims for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). It allowed her statutory claim under Title VII of the Civil Rights Act of 1964 to proceed to discovery but denied her request for a preliminary injunction[1][2][4].

Fourth Circuit’s Majority Opinion

In a 2-1 decision authored by Judge Robert B. King, the Fourth Circuit affirmed the lower court’s ruling. The court held that the policy is neutral and of general applicability, aimed at preventing discrimination and ensuring student safety, which justifies any incidental burden on religious exercise[1][2][4].

On free speech grounds, the majority determined that teachers’ communications with students and parents fall within their official duties as government employees. Thus, Polk spoke as a public employee bound by the district’s guidelines, not as a private citizen entitled to broader First Amendment protections[1][2].

The opinion emphasized that Polk voluntarily accepted the position, subjecting her to the democratically elected school board’s policies. It deferred to the board’s authority over curriculum delivery and administrative requirements[1][2].

Dissenting View

Judge J. Harvie Wilkinson III dissented, arguing the policy compels speech and suppresses dissenting views on transgender issues. He warned that such mandates risk affronting speakers’ dignity based on minority viewpoints[1][2].

Legal Principles and Broader Context

The ruling applies across the Fourth Circuit’s jurisdiction: Maryland, Virginia, North Carolina, South Carolina, and West Virginia. It reinforces precedents limiting public employees’ First Amendment claims when speech occurs within official duties, as established in cases like Garcetti v. Ceballos[1].

This decision reflects ongoing judicial divisions on transgender policies in schools. For instance, a California federal judge recently ruled schools cannot prevent teachers from notifying parents of a student’s transgender status, though the Ninth Circuit has stayed that order[original].

Polk’s counsel indicated potential petitions for rehearing en banc or Supreme Court review, while the school district welcomed the outcome amid possible further proceedings[1][2].

This Fourth Circuit decision underscores tensions between employee religious freedoms, free speech rights, and public school policies on gender identity, shaping future litigation in the region.

Source: US appeals court upholds school’s policy to use preferred pronouns