Thursday, July 06, 2023

School District's Preferred Name Policy Upheld

In Willey v. Sweetwater County School District No. 1 Board of Trustees, (D WY, June 30, 2023), a Wyoming federal district court, in a 56-page opinion, upheld, over parental objections, most of a school district's policy requiring school district personnel to use a student's preferred/ chosen name or pronoun in verbal, written, and electronic communications. However, the court issued a preliminary injunction barring the school district from (absent a reasonable concern of harm or abuse) precluding teachers from responding to a parent's inquiry, or lying to parents. The court then largely rejected a challenge by a teacher who had religious objections to the policy.  It said that "it is hard to imagine why a public employee's free exercise rights would warrant more protection than their free speech rights." It went on to say that, as to free speech, the policy only compels the teacher to speak pursuant to her official duties and does not restrict her speech as a citizen on matters of public concern.