A federal appeals court ruled that a Maryland public school system did not violate a substitute teacher’s First Amendment rights after requiring the teacher to use a transgender student’s preferred pronouns in class.
In a 2-1 decision released Wednesday, the U.S. Court of Appeals for the 4th Circuit agreed with a lower court’s ruling dismissing most of Kimberly Polk’s lawsuit claiming Montgomery County Public Schools violated her free speech and religious rights. The court’s decision could impact other cases similar to Polk’s, given the 4th Circuit’s ruling covers Maryland, Virginia, North Carolina, South Carolina and West Virginia.
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Polk’s lawsuit also alleged that the school further violated her rights by refusing to provide a religious accommodation to the policy. The court also rejected this argument.
What did the judges say?
In his majority opinion, Judge Robert B. King said Polk had not proved to the court the school’s policy requiring teachers to use a student’s preferred pronouns was hostile towards her religion. King wrote that the school did not violate her free speech protections because following the policy was part of her official duties.
“How a teacher addresses a particular student in a particular classroom — and whether a teacher communicates with a student’s parent — is merely a part of that teacher’s job description,” he wrote.
King went on to say that Polk’s position was voluntary and that no one “forced” her to take the job.
“No one forced Polk to become a substitute teacher in Montgomery County,” he wrote. “Accepting her position as an elementary school substitute teacher subjected Polk to a substantial degree of control by the democratically-elected Board, including that she adhere to the Guidelines.”
Writing for the dissent, Judge J. Harvie Wilkinson III wrote that the school’s policy forced teachers’ speech and limited individuals from expressing any opposing viewpoints regarding transgender rights. He said that was a “dangerous precipice.”
“By all means, voice objections to Ms. Polk’s point of view. Say she is insensitive to issues of transgender identity,” Wilkinson said. “But do not indulge affronts to speakers’ dignity simply because they, like Ms. Polk, stand in the minority.”
What is the case’s history?
Polk first filed her lawsuit in 2024, according to The Washington Post. She had requested a judge issue a preliminary injunction requiring the school district to temporarily allow her to teach only in elementary schools with no transgender students as the case went through the courts.
The Montgomery County district court previously denied the injunction and dismissed most of Polk’s claims. The court stated that when the school board hired her as a substitute teacher, it paid her to speak on its behalf as her employer.
However, the court allowed Polk’s claim of a statutory civil rights violation, ruling the case could proceed with legal discovery. Polk decided not to accept the lower court’s ruling and instead appealed to U.S. District Judge Deborah L. Boardman, according to The Post.
In response to Wednesday’s decision, Polk’s attorney, Rick Claybrook, said they are considering requesting the Supreme Court or the full 4th Circuit review the decision.
Liliana López, a spokesperson for Montgomery County Public Schools, stated that the school board is pleased with the decision. However, she would not provide further comment due to the possibility of additional litigation.
