Suit was filed yesterday in an Indiana federal district court by a school counselor who was fired for speaking with a reporter about her school's Gender Support Plan policy which involves using a gender transitioning student's preferred name and pronouns, sometimes without informing the student's parents. The school claimed that some of the counselor's statements to the reporter were false. The complaint (full text) in McCord v. South Madison Community School Corporation, (SD IN, filed 5/18/2023), alleges that the firing violated the counselor's free speech rights. It also alleged that the school district violated plaintiff's right to free exercise of religion, in violation of the 1st Amendment and of Indiana's Religious Freedom Restoration Act. The complaint alleges in part:
420. ... Mrs. McCord has sincerely held religious beliefs that require her not to participate in the Gender Support Plan policy; socially transitioning students and hiding social transitions from parents would violate those beliefs.
421. If South Madison had not taken adverse employment action against Mrs. McCord in retaliation for exercising her constitutional rights, she could not comply and would not intend to comply with the Gender Support Plan policy’s requirements regarding socially transitioning students and parental notification.
422. South Madison has failed to act in a neutral manner toward Mrs. McCord’s religious beliefs but has instead acted with hostility towards those beliefs.
423. Among other things, its employee, Mr. Taylor, acting pursuant to South Madison’s policies and practices, instructed Mrs. McCord to leave her religious beliefs out of her job as a school counselor.
424. Additionally, South Madison has targeted Mrs. McCord for her religious beliefs by granting accommodations allowing other employees who have not asserted Mrs. McCord’s religious beliefs not to comply with the Gender Support Plan policy, while refusing to grant one to Mrs. McCord.
ADF issued a press release announcing the filing of the lawsuit.
