Virginia teachers no longer required to use students' preferred pronouns following settlement.

After a lawsuit settlement on Tuesday, teachers in Harrisonburg, Virginia, are no longer required to request or utilize students' preferred pronouns.

In June 2022, Deborah Figliola, Kristine Marsh, and Laura Nelson filed a lawsuit against the Harrisonburg City School Board, alleging that their rights protected under the Commonwealth's Free Speech Clause and the Virginia Religious Freedom Restoration Act had been violated by compelling speech to which they objected.

According to the Alliance Defending Freedom (ADF), which represented the teachers, the lawsuit arose due to the teachers being mandated to undergo training to adhere to the school board's nondiscrimination policy. The training involved teachers being required to inquire about a student's "preferred" name and pronouns and consistently use them.

The teachers were expected to comply with the nondiscrimination policy of Harrisonburg City Public Schools, which threatened discipline and even termination for noncompliance, without notifying parents or seeking their consent.

An agreement was reached between the two sides when the school board granted religious accommodations to the teachers on Tuesday.

The school board stated that they do not require staff to request or utilize students' preferred names and pronouns and "[do] not support concealing or withholding information from parents." The board concurred to keep staff informed about the religious accommodations that are accessible.

Kate Anderson, the director of the ADF Center for Parental Rights and a senior counsel at the ADF, stated that teachers have a constitutional right to perform their duties in accordance with their religious beliefs, including how they address their students and the information they share with parents.

Anderson stated that they were pleased to resolve the case in favor of their clients and ensure that the Harrisonburg City School Board would respect every teacher's right to speak consistently with their faith.

The Harrisonburg City School Division is pleased to see the litigation resolved. Our focus has always been to support all students and employees with dignity and respect. Before the litigation began, we were open to collaborating on accommodations for diverse needs, as evidenced by our correspondence with ADF in early 2022.

Our dedication to fostering a respectful and inclusive environment is evident in our School Board policies and actions, such as the adoption of a formal religious accommodations policy (Policy 682) over a year ago and the implementation of training for employees this August.

"The case has ended as the processes we have consistently promoted, both informal and formal, proved successful. We are pleased with this outcome and hope it could have been achieved without legal action."

In November, a Virginia school board was found guilty of firing a teacher who refused to use a student's preferred pronouns, similar to a case won by ADF.

At the time, an ADF attorney informed Planet Chronicle Digital that the settlement had "significant consequences."

ADF president and CEO Kristen Waggoner stated that it is imperative for other courts to follow the rationale of the Virginia case, which safeguards all teachers.

The West Point School Board in Virginia approved a payment of $575,000 in damages and legal fees to former high school teacher Peter Vlaming, who refused to use the transgender student's preferred pronouns.