Wisconsin teacher suing school district after being fired for not using students’ preferred pronouns

A Wisconsin teacher has filed a federal lawsuit against his former school district after he was fired for not using the preferred names and pronouns of transgender students. 

Jordan Cernek filed the lawsuit against the Argyle School District last month alleging his First Amendment right to freedom of religion was violated. Cernek also alleges the district violated the Civil Rights Act of 1964 that protects employees from discrimination based on religion when he was fired in August 2023.

“The district policy would force me to go against my conviction and commitment to God,” Cernek said in a statement. “ I did everything within my power to accommodate the needs of my students without compromising my faith.”

Representatives from the Argyle School District did not respond to requests for comment. 

This lawsuit filed by a teacher who’s been fired for refusing to use transgender student’s pronouns is the first in Wisconsin, but schools in the state have faced a series of legal challenges over transgender rights issues.

Conservative law firm Wisconsin Institute for Law & Liberty is representing Cernek. WILL has led several cases against schools over transgender student policies.

Attorney Nathalie Burmeister said this issue will likely continue to face school districts, but argued school districts have an obligation under federal law to respect employees’ religious beliefs. 

“This lawsuit emphasizes the importance of the district’s understanding of its duties under federal law and accommodating the religious beliefs that are protected explicitly under these laws,” Burmeister said.

Cernek is seeking a jury trial. 

The case could go further than federal court. 

Last year, the Virginia Supreme Court reinstated a high school teacher fired for saying he wouldn’t use a transgender student’s preferred pronouns. 

The Argyle School District is located about one hour west of Madison and serves about 300 students in Green and Lafayette counties. 

Cernek’s accommodation agreement was rescinded after 2 months

Cernek was an English teacher at the high school from Aug. 2021-23. 

During an in-service meeting in August 2022, the district announced a policy requiring staff members to use the preferred names and pronouns of transgender students. Cernek attended this meeting and voiced his objection to the policy based on his religious beliefs, according to the lawsuit. 

During the 2022-23 school year, two transgender students in two of Cernek’s classes asked staff to refer to them using their preferred names. Cernek told district administrator Mike Beranek of his religious objection and Beranek agreed to the accommodation, according to the complaint. 

Two months later, the district rescinded the accommodation, reportedly telling Cernek he would be terminated if he did not comply with the requirement. 

“Mr. Cernek could not in good conscience comply with this requirement, so he did not refer to the transgender students by their preferred names,” according to the lawsuit. “Instead, Mr. Cernek continued to act in accordance with the accommodation he was previously granted and avoided referring to students by name.” 

Six months later, Cernek’s contract was not renewed for the 2023-24 school year. 

The Youth Risk Behavior Survey of Wisconsin high school students released last week found 79 percent of LGBTQ+ students surveyed reported experiencing anxiety, 63 percent reported experiencing depression and 40 percent reported considering suicide.

One student wrote: “It’s a really hard thing to be transgender and gay in this state. I will always feels uncomfortable and unsafe here. No matter whether in school, in the store, or on the streets, I feel I’m always going to get judged or worst hurt.”

A 2023 national survey by The Trevor Project, a California-based nonprofit that focuses on suicide prevention for LGBTQ+ youth, found transgender and nonbinary young people who reported that all of the people they live with respect their pronouns reported lower rates of attempting suicide.

Abigail Swetz, executive director of Fair Wisconsin, said the most important job adults can do for children in schools, families and communities is to affirm their self-worth.

“The data is clear; using pronouns that affirm a child’s gender identity is a life-saving action, and that makes it the only moral choice,” Swetz said.