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FORMER MIDDLE SCHOOL MATH TEACHER WINS $95K IN LAWSUIT WITH SCHOOL AFTER
REFUSING TO FOLLOW PRONOUN POLICY, DENIED RELIGIOUS EXEMPTION THREE TIMES

Posted by: Jenna Curren|September 3, 2022 |Categories Featured, News
Share:

GEARY COUNTY, KS – On Wednesday, August 31st, the attorneys for Pamela Ricard, a
former math teacher at Fort Riley Middle School, announced that the Geary County
School District has been instructed to pay Ricard $95,000 in a lawsuit
settlement.





In March, Ricard sued the school district after she was reprimanded and
suspended for three days in the spring of 2021 for refusing to use a student’s
preferred pronouns, stating that the district’s policies on preferred pronouns
violated her religious beliefs.

Ricard stated that the school district denied her request for a religious
exemption to its policy that teachers use students’ preferred names and pronouns
in school and in the classroom.

According to the lawsuit, teachers were also told to conceal a student’s
preference by using legal names when addressing parents, if that was the
student’s wish.




Tyson Langhofer, the director of the Alliance Defending Freedom Center for
Academic Freedom, which filed the lawsuit along with the Kriegshauser Ney Law
Group, said in a statement:

“No school district should ever force teachers to willfully deceive parents or
engage in any speech that violates their deeply held religious beliefs.”





Ricard, who taught at the school beginning in 2005, reportedly addressed a
student as “miss” to avoid using the student’s preferred first name after Ricard
was told that the student used he/him pronouns.

According to the lawsuit, Ricard believed that by addressing the student as
“Miss (legal/enrolled last name),” she was respecting the student while also
upholding her own religious beliefs.




The lawsuit states that Ricard believes God assigns gender at birth and that any
policy requiring her to use language that is different from the student’s
biological sex “actively violates Ms. Ricard’s religious beliefs.”



Reportedly, neither the school or the district had a formal policy on gender
pronouns at the time of the incident. However, Ricard was suspended under the
district’s bullying and diversity and inclusion policies.

In September 2021, the district’s Board of Education approved a policy requiring
that students’ preferred names and pronouns be used. At that same meeting, the
board also voted to deny Ricard’s request for a religious accommodation.

In May, a federal judge allowed Ricard’s lawsuit to proceed, stating that she
was likely to “prevail on her free exercise of religion claim.”








That same judge granted her motion to halt enforcement of the parental
communication part of the policy and allowed her to continue to address students
by their preferred names while avoiding pronouns consistent with their
preferences.

According to Ricard’s attorneys, after that ruling, the school board voted to
revoke the parental communications policy.

The lawsuit states that Ricard asked three times to be given a religious
exemption to the policy, but her beliefs were never accommodated.

Ricard sued the school board as well as Superintendent Reginald Eggleston and
Fort Riley Middle School principal Kathleen Brennan.



The lawsuit alleged that the district’s actions violated Ricard’s constitutional
rights to free speech, free exercise of her religion, due process, and equal
protection under the law. When the suit was first filed, Josh Ney, one of her
attorneys, said in a statement:

“Our suit contends that schools cannot force teachers to promote novel views
about gender fluidity and ever-expanding pronoun categories without regard to
the First Amendment or due process.”

He added:

“Throughout her career, Ms. Ricard has consistently treated every student in her
classroom with respect and dignity; unfortunately, the school district has not
treated Ms. Ricard with similar good faith or basic fairness.”

Ricard retired in May, in part because of the dispute and partly to be closer to
her family in Oklahoma. As part of the settlement, the district agreed to issue
a statement that she was in good standing without any disciplinary actions
against her.




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JUDGE DENIES MOTION BY SCHOOL DISTRICT TO DISMISS LAWSUIT FILED BY PARENTS’ WHO
CHALLENGED A POLICY ON PREFERRED NAMES AND PRONOUNS

June 6th, 2022

WALES, WI- According to a report by CBN News, two sets of parents are suing the
Kettle Moraine School District in an effort to challenge its policy that allows
children to go by their preferred name and preferred pronouns without parental
consent.







On Wednesday, June 1st, a Wisconsin Circuit Court judge denied a motion by the
school district to dismiss the case. In his opinion, Judge Michael P. Maxwell
ruled that the parents’ lawsuit has merit, stating:

“It demonstrates a potential violation of their rights as parents to direct the
upbringing of their child and is sufficient to survive a motion to dismiss.”

One of the couples in the case, identified in the lawsuit as T.F. and B.F., was
allegedly forced to withdraw their 12-year-old daughter from the district to
“protect her mental health and preserve their parental role.”

The couple alleges that the school district violated their constitutionally
protected rights by “using a male name and male pronouns” to address their
daughter at school without their consent and over their objections. Judge
Maxwell wrote, in part:

“For purposes of a motion to dismiss, T.F. and B.F.’s allegations are that they
were forced to withdraw their daughter from Kettle Moraine to protect her and
preserve their parental role when Kettle Moraine refused to honor their decision
about what was best for their daughter.”



Maxwell added:

“Wisconsin courts recognize that parents have a right to make decisions
regarding the education and upbringing of their children, free from government
intervention.”





The other couple that joined the lawsuit did so to make sure that the same thing
does not happen to their children. Judge Maxwell wrote that those parents,
identified as P.W. and S.W. “may challenge a policy of the district that they
believe interferes with their parental rights.”

After denying the motion to dismiss, the judge gave the school district 20 days
to file an answer to the complaint.




The parents are represented by attorneys with the Wisconsin Institute for Law
and Liberty (WILL) and Alliance Defending Freedom (ADF) in the lawsuit, B.F. v.
Kettle Moraine School District.  In a statement, ADF Senior Counsel Roger Brooks
said:

“Parents’ rights to direct the upbringing, education, and mental health
treatment of their children is one of the most basic constitutional rights every
parent holds dear, yet we are seeing more and more school districts across the
country not only ignoring parents’ concerns but actively working against them.”



Brooks added:

“For that reason, we are pleased that the court rejected the school district’s
request to throw out this case and instead recognized that the argument of our
clients demonstrates a potential violation of their rights as parents to direct
the upbringing of their child.”



The statement concluded:

“Kettle Moraine should take this opportunity to change its policy, which
violates the constitutionally protected rights of parents and isn’t in the best
interest of children. As the court wrote, ‘Wisconsin courts recognize that
parents have a right to make decisions regarding the education and upbringing of
their children free from government intervention.'”





ADF stated that before filing the lawsuit, attorneys from WILL and ADF wrote a
letter to the school district expressing the concerns of their clients and
asking it to change its policy to require parental consent before school
officials use a child’s preferred name or pronoun at school and to retrain its
staff accordingly.

However, the school district allegedly did not respond to the letter, leaving
the parents with no choice by to file the lawsuit.



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ELEMENTARY SCHOOL COUNSELOR UNDER STATE INVESTIGATION FOR STANDING IN OPPOSITION
TO GENDER REASSIGNMENT SURGERY IN CHILDREN

May 26th, 2022

MILWAUKEE, WI- According to a report from the Daily Wire, a Milwaukee elementary
school counselor is under investigation by the state of Wisconsin for speaking
out against and opposing gender reassignment surgery in children.







The school counselor, who has been identified as Marissa Darlingh, received a
letter from the Wisconsin Department of Public Instruction (DPI) on April 29th
warning her that her state-issued license may very well be revoked if the
investigation concludes that she engaged in “immoral conduct” while attending a
rally in Madison. The allegations in the letter state:

“According to a report and video submitted by a community member, you
participated in an event in Madison on April 23, 2022 in which you identify
yourself as an elementary school counselor. You are on video saying,
“(expletive) transgenderism”.

You are also on video stating you oppose gender identity ideology from entering
your school building. You say none of your students will ever transition
socially or medically under your “(expletive) watch”. You state you do not
believe children should have access to hormones or surgery.”

According to a report from The Center Square, Darlingh acknowledged being at the
rally where she was one of several speakers. She said:

“I oppose gender ideology ever entering the walls of my school building. Over my
dead … body will my students be exposed to the heart of gender identity
ideology. Not a single one of my students under my … watch will ever, ever
transition socially, and sure as hell not medically.”



DPI warned her that the investigation will “determine if there is probable cause
to support allegations of immoral conduct” and gave her the option to resign
ahead of the investigation.





However, Darlingh chose to fight for her rights instead and the Wisconsin
Institute for Law and Liberty has vowed to sue on behalf of Darlingh if the
state tries to suspend or revoke her license over her opposition to gender
reassignment surgery or use of profanity.

Wisconsin Institute for Law and Liberty’s Luke Berg said in a statement:

“The state is, quite simply, trying to punish a public-school counselor for her
views on gender ideology. This is a classic, clear-cut violation of the First
Amendment and the state can expect a federal lawsuit if it proceeds.”






Darlingh stated that nothing is going to change her mind about the issue and
that she will continue to stand firm in her convictions. She said:

“My views on the harms of gender ideology to children are informed by a desire
to serve and protect children. That’s why I got into education. I will love and
serve every child under my care, no matter what, but I won’t recant under threat
from the state.”

https://twitter.com/DanLennington/status/1529455706591608842

The very end of the DPI’s letter to Darlingh stated:



“Also, please be aware that at any point during the investigation, you have the
opportunity to voluntarily surrender your license and bring the DPI’s
investigation of this matter to a close. If you do want to surrender your
license, please carefully review the attached surrender agreement and if you
agree, please sign the agreement and return it to me in the envelope included.”

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CITY PROPOSES “GUARANTEED INCOME” PROGRAM FOR TRANSGENDER, NONBINARY RESIDENTS
TO COMBAT “DISCRIMINATION” AGAINST THEM

April 1st, 2022

PALM SPRINGS, CA — The Palm Springs City Council recently voted to allocate
$200,000 from two local nonprofits to begin a payment program exclusively for
its transgender and nonbinary residents.



City Council members voted unanimously on March 24 to pay DAP Health and Queer
Works to design the program and apply for state funding, which is the first of
three phases outlined in a city report to realize the proposed project,
according to a report by BPR.





Queer Works is a Coachella Valley-based nonprofit aimed primarily at addressing
disparities faced by transgender, nonbinary and intersex people while DAP
Health is a nonprofit resource in the valley for those with, affected by or at
risk for HIV or AIDS, according to a report by the Los Angeles Times.

Jacob Rostovsky, Queer Works’ transgender executive director, told Newsweek it
is expected that the program will be similar to guaranteed income pilot programs
launched in other U.S. cities.







Rostovsky said other cities that have experimented with guaranteed income on
average have given 150 people monthly payments of $600 to $900:

“This is a chance to help individuals receive money that we can think of as a
subsidy — to subsidize the gap in income that the trans and nonbinary community
faces due to having some of the highest levels of unemployment in this country.

“So, when you raise them up to the average level, they achieve a lot more.”



Rostovsky told the Los Angeles Times that Queer Works has been “highly
encouraged” to apply for a piece of California’s $35 million in funding for
guaranteed income pilot programs.



The state’s plan, approved last year, targets pregnant women and young adults
who have aged out of the foster care system, according to the Los Angeles Times.

Rostovsky noted that 5 percent of foster youth identify as transgender.





Newsweek reported:

“The two nonprofits will look for philanthropic dollars to fund the program.
Additionally, they’ll look at ways to tap into a $35 million fund created by
California lawmakers to provide monthly payments to pregnant women and young
adults who’ve recently left foster care.



“The new pot of money would be distributed by local governments and nonprofits.

“The idea of no-strings cash payments has increasingly taken hold in the U.S.
Presidential candidate Andrew Yang made it the centerpiece of his campaign, most
Americans were given direct cash payments during the height of the pandemic and
a group called Mayors for a Guaranteed Income is evaluating other local pilot
programs.”

A 2019 study by the UCLA School of Law’s Williams Institute suggested that
poverty rates differ by sexual orientation and gender identity (SOGI):

“We examined poverty rates separately for cisgender straight men and women,
cisgender gay men and lesbian women, cisgender bisexual men and women, and
transgender people.

 * “LGBT people collectively have a poverty rate of 21.6%, which is much higher
   than the rate for cisgender straight people of 15.7%.
 * “Among LGBT people, transgender people have especially high rates of
   poverty—29.4%.
 * “Lesbian (17.9%) and straight (17.8%) cisgender women have higher poverty
   rates than gay (12.1%) and straight (13.4%) cisgender men. But cisgender
   lesbian women do not have significantly different poverty rates than
   cisgender straight women.
 * “Bisexual cisgender women (29.4%) and men (19.5%) had higher poverty rates
   than cisgender straight women and men, respectively.”

The study noted that U.S. poverty is determined based on whether the income for
an individual or family unit falls below the official federal poverty threshold:



“The thresholds are set each year for different sizes of households. In 2015,
for example, a family of two adults and one child would be considered living in
poverty if their annual income fell below $19,078.”





Newsweek reported that Palm Springs Council Member Christy Holstege, who was the
previous mayor, said during Thursday’s council meeting:

“This is a complete revisiting of how we address poverty in this country by
giving people money.”

Holstege claimed that restrictions on other government anti-poverty programs end
up trapping their recipients, but a guaranteed income can allow people to spend
money on “other solutions that we all know as being the experts of our lives.”






Los Angeles Times reported:

“Councilmember Christy Holstege, who brought the matter to the meeting, said
Monday that she felt ‘incredibly proud’ of the city for coming down on ‘the
right side of history and supporting our trans and nonbinary,
gender-nonconforming community.’





“Like other guaranteed income programs, the pilot would provide direct cash
payments to individuals to spend as they see fit. That sets it apart from some
financial assistance programs that come with work requirements or specify how
the money can be spent.”






Proponents say these types of programs promote physical and psychological
well-being by giving some of society’s most marginalized groups a financial life
vest.





However, Palm Springs Mayor Lisa Middleton, who is transgender, cast doubt on
the viability of guaranteed income programs and questioned if they should even
be run by municipal governments.

KESQ News reported that Mayor Middleton was worried about the small scale of the
project despite 400,000 people living below the poverty line in Riverside
County.



Before ultimately voting in favor of the program, Middleton said:

“My serious concern is the ability of these guaranteed income programs to scale
up to the magnitude of the issues that are before us.”

Palm Springs Council Member Greg Kors suggested the program was a worthy money
redistribution experiment:

“But it would be money that may be much more effectively spent than it’s being
spent now and that’s what this is trying to find out.”

Los Angeles Times reported:



“At this point, the pilot program still needs more funding to fully launch.

“When reached Monday, Rostovsky said some of the details concerning the program
discussed at the recent council meeting — including a total reported budget of
$1.8 million — were preliminary figures.

“Besides state funding, the partnership seeks philanthropic support and could
come back to the city to ask for more money — which several council members said
they might not be willing to allot.

“Over the next three to six months, Rostovsky said the partnership will work on
putting together an application, seek input from local transgender and nonbinary
leaders and conduct outreach.”

—



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About The Author
Jenna Curren

Jenna Curren, Ed.D., is an assistant professor in criminal justice studies. As
chair of a CJ advisory board, Jenna actively partners with members of the
community to integrate current students into internships and prospective law
enforcement careers. Prior to working in academics, Jenna held various custody
and treatment positions and was a lieutenant for the CT Department of
Correction. Throughout her tenure, she supervised men, women, youth and mental
health offenders. A C.E.R.T and honor guard member, as well as a training
officer, Jenna has 10 years of experience in the criminal justice and human
services fields.


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