Ohio professor refusing to use transgender pronouns wins appeal for ‘protection of free speech’

An anonymous transgender student at a university in Ohio had filed a complaint with officials at the institution over a philosophy professor’s repeated refusal to use “Ms.” instead of “Mr.”; the teacher pushed back.

Professor Nicholas Meriwether of Shawnee State University in Ohio won a First Amendment case in a federal appeals court, paving the way for him to sue his employer for damages after the school l sanctioned in 2016 for refusing to use preferred pronouns to address a transgender. Student.

In 2016, Shawnee State University issued a written warning to Meriwether, a philosophy professor, after a student, referred to as “Jane Doe” in court decisions, complained to school officials that the refusal of the The teacher of using female pronouns towards “her” had violated the university’s non-discrimination policy and created a “hostile environment”.

Meriwether, who is a devout Christian, argued that the mandate did not reflect “biological reality” and contradicted his religious beliefs and the idea that gender was fixed. The Shawnee State Faculty Union filed a complaint with the university on behalf of the professor protesting the disciplinary measure, but the school refused to uphold it.

Meriwether then lobbied for legal action against the university for violating its First Amendment rights and inability to freely deal with “a wide-ranging matter of public interest which has important philosophical implications.” The teacher said the warning letter deprived him of the opportunity to secure a post at other universities and sought damages from the school.

Her argument was rejected by U.S. District Judge Susan J. Dlott in February 2020.

However, the 6th US Circuit Court of Appeals ruled on Friday that the professor could prove that his rights to the free exercise of religion and speech had been violated by the university and that the case should be referred to the judge. This means that Meriwether can effectively sue the university for damages.

Trump-appointed judge Amul Thapar wrote in a ruling on Friday, unanimously confirmed by a three-judge panel, that Meriwether’s speech “relates to his core religious and philosophical beliefs” and that he was “silenced” for addressing a “hotly contested” issue.

Meriwether’s attorney John Bursch of the Alliance Defending Freedom, a conservative nonprofit, praised the decision:

“No one should be forced to contradict their core beliefs just to keep their job,” he said.