Seventh Circuit backs teacher firing over transgender students' names

[NewYorkExpress]

https://www.reuters.com/legal/schools-transgender-policy-trumped-teachers-religious-rights-us-court-rules-2023-04-07/

An Indiana high school did not break the law by allegedly forcing a music teacher to quit after he refused on religious grounds to use transgender students' preferred names, a U.S. appeals court ruled on Friday.

The rights of the teacher, John Kluge, to exercise his religious beliefs were outweighed by the potential disruption that his conduct could have on the learning environment at Brownsburg High School in the Indianapolis suburbs, the Chicago-based 7th U.S. Circuit Court of Appeals said.

....

"Kluge's last-names-only practice stigmatized the transgender students and caused them demonstrable emotional harm," Circuit Judge Ilana Rovner wrote for the court.


In a dissenting opinion, Circuit Judge Michael Brennan said it was unclear whether the school could have mitigated any disruptions resulting from Kluge's conduct, and that a jury should decide whether his rights were violated.

It's worth noting that the justice who wrote the majority opinion is a George H.W Bush appointee, while the justice who dissented is a Trump appointee.

If this were to be taken up by the Supreme Court (I don't think it will, personally, not without a companion case to go with it), I would suspect that the justices would go either 5-4 or 6-3 in favor of Kluge (Roberts could go either way here).

[🐒Gods of Prosperity🔱🐲💸]

A teacher using student's last times instead of first isn't the norm but not unheard of, at least it didn't used to be. Was he only using last names for the trans students but first names for the others?  Otherwise I don't see how it could possibly be interpreted as stigmatizing them.

[Sestak]

https://www.reuters.com/legal/schools-transgender-policy-trumped-teachers-religious-rights-us-court-rules-2023-04-07/

An Indiana high school did not break the law by allegedly forcing a music teacher to quit after he refused on religious grounds to use transgender students' preferred names, a U.S. appeals court ruled on Friday.

The rights of the teacher, John Kluge, to exercise his religious beliefs were outweighed by the potential disruption that his conduct could have on the learning environment at Brownsburg High School in the Indianapolis suburbs, the Chicago-based 7th U.S. Circuit Court of Appeals said.

....

"Kluge's last-names-only practice stigmatized the transgender students and caused them demonstrable emotional harm," Circuit Judge Ilana Rovner wrote for the court.


In a dissenting opinion, Circuit Judge Michael Brennan said it was unclear whether the school could have mitigated any disruptions resulting from Kluge's conduct, and that a jury should decide whether his rights were violated.

It's worth noting that the justice who wrote the majority opinion is a George H.W Bush appointee, while the justice who dissented is a Trump appointee.

Rovner, the HW judge writing the opinion, is considered very moderate and falls to the liberal side of the Seventh Circuit median. It is worth noting that the other judge who joined her opinion, Amy St. Eve, is also a Trump appointee and squarely on the conservative side.

[Donerail]

It's worth noting that the justice who wrote the majority opinion is a George H.W Bush appointee, while the justice who dissented is a Trump appointee.

If this were to be taken up by the Supreme Court (I don't think it will, personally, not without a companion case to go with it), I would suspect that the justices would go either 5-4 or 6-3 in favor of Kluge (Roberts could go either way here).

The Court is likely to alter the standard for Title VII religious accommodation claims in Groff v. DeJoy. Possible that this decision will be revisited in light of new controlling precedent.

[politicallefty]

https://www.reuters.com/legal/schools-transgender-policy-trumped-teachers-religious-rights-us-court-rules-2023-04-07/

An Indiana high school did not break the law by allegedly forcing a music teacher to quit after he refused on religious grounds to use transgender students' preferred names, a U.S. appeals court ruled on Friday.

The rights of the teacher, John Kluge, to exercise his religious beliefs were outweighed by the potential disruption that his conduct could have on the learning environment at Brownsburg High School in the Indianapolis suburbs, the Chicago-based 7th U.S. Circuit Court of Appeals said.

....

"Kluge's last-names-only practice stigmatized the transgender students and caused them demonstrable emotional harm," Circuit Judge Ilana Rovner wrote for the court.


In a dissenting opinion, Circuit Judge Michael Brennan said it was unclear whether the school could have mitigated any disruptions resulting from Kluge's conduct, and that a jury should decide whether his rights were violated.

It's worth noting that the justice who wrote the majority opinion is a George H.W Bush appointee, while the justice who dissented is a Trump appointee.

Rovner, the HW judge writing the opinion, is considered very moderate and falls to the liberal side of the Seventh Circuit median. It is worth noting that the other judge who joined her opinion, Amy St. Eve, is also a Trump appointee and squarely on the conservative side.

My understanding was that Amy St. Eve is pretty middle-of-the-road, mildly centre-right. She was one of only two Trump appellate nominees to be confirmed unanimously (along with fellow 7th Circuit Judge Michael Scudder, and on the same day no less). She's certainly no Diane Sykes or Frank Easterbrook.

[freepcrusher]

https://www.reuters.com/legal/schools-transgender-policy-trumped-teachers-religious-rights-us-court-rules-2023-04-07/

An Indiana high school did not break the law by allegedly forcing a music teacher to quit after he refused on religious grounds to use transgender students' preferred names, a U.S. appeals court ruled on Friday.

The rights of the teacher, John Kluge, to exercise his religious beliefs were outweighed by the potential disruption that his conduct could have on the learning environment at Brownsburg High School in the Indianapolis suburbs, the Chicago-based 7th U.S. Circuit Court of Appeals said.

....

"Kluge's last-names-only practice stigmatized the transgender students and caused them demonstrable emotional harm," Circuit Judge Ilana Rovner wrote for the court.


In a dissenting opinion, Circuit Judge Michael Brennan said it was unclear whether the school could have mitigated any disruptions resulting from Kluge's conduct, and that a jury should decide whether his rights were violated.

It's worth noting that the justice who wrote the majority opinion is a George H.W Bush appointee, while the justice who dissented is a Trump appointee.

Rovner, the HW judge writing the opinion, is considered very moderate and falls to the liberal side of the Seventh Circuit median. It is worth noting that the other judge who joined her opinion, Amy St. Eve, is also a Trump appointee and squarely on the conservative side.

My understanding was that Amy St. Eve is pretty middle-of-the-road, mildly centre-right. She was one of only two Trump appellate nominees to be confirmed unanimously (along with fellow 7th Circuit Judge Michael Scudder, and on the same day no less). She's certainly no Diane Sykes or Frank Easterbrook.

even though Durbin/Duckworth allowed Scudder and St Eve to go through, I'm worried that under the next R presidency, Easterbrook will take senior status (along with Niemayer and Wilkinson on the fourth) and they will nominate some foaming at the mouth loon against what Durbin and Duckworth want. In particular the left should compile a dossier against Adam Mortara and have all the accusers/rumors/innuendo ready.

[politicallefty]

even though Durbin/Duckworth allowed Scudder and St Eve to go through, I'm worried that under the next R presidency, Easterbrook will take senior status (along with Niemayer and Wilkinson on the fourth) and they will nominate some foaming at the mouth loon against what Durbin and Duckworth want. In particular the left should compile a dossier against Adam Mortara and have all the accusers/rumors/innuendo ready.

Easterbrook could have taken senior status under Trump easily. I'd say there's a good chance he's a lifer barring any major health issues, but who knows. The 7th Circuit really isn't as conservative as it might appear to be. It could actually move to the left this year. There's an unfilled vacancy that is yet to have a name  (a staunchly conservative Reagan appointee died last year). More relevant to this topic, I wonder if Rovner will take senior status under Biden. As for someone like Adam Mortara, it's possible they could save him for the DC Circuit (there's only one likely opening on that court for quite awhile unless someone gets bumped up to SCOTUS).

[David Hume]

https://www.reuters.com/legal/schools-transgender-policy-trumped-teachers-religious-rights-us-court-rules-2023-04-07/

An Indiana high school did not break the law by allegedly forcing a music teacher to quit after he refused on religious grounds to use transgender students' preferred names, a U.S. appeals court ruled on Friday.

The rights of the teacher, John Kluge, to exercise his religious beliefs were outweighed by the potential disruption that his conduct could have on the learning environment at Brownsburg High School in the Indianapolis suburbs, the Chicago-based 7th U.S. Circuit Court of Appeals said.

....

"Kluge's last-names-only practice stigmatized the transgender students and caused them demonstrable emotional harm," Circuit Judge Ilana Rovner wrote for the court.


In a dissenting opinion, Circuit Judge Michael Brennan said it was unclear whether the school could have mitigated any disruptions resulting from Kluge's conduct, and that a jury should decide whether his rights were violated.

It's worth noting that the justice who wrote the majority opinion is a George H.W Bush appointee, while the justice who dissented is a Trump appointee.

Rovner, the HW judge writing the opinion, is considered very moderate and falls to the liberal side of the Seventh Circuit median. It is worth noting that the other judge who joined her opinion, Amy St. Eve, is also a Trump appointee and squarely on the conservative side.

Isn't Rovner a straight liberal?