Teachers Can’t Misgender Trans Students for Religious Reasons, Appeals Court Says

A federal appeals court ruled Friday that a public high school teacher in Indiana did not have the right to ignore transgender students’ names and pronouns just because of his religious beliefs.

John Kluge worked as a music teacher at the Brownsburg Community School Corporation for four years. In 2017, he refused to abide by the school’s new policy to use trans students’ chosen names and pronouns, claiming it violated his Christian beliefs. He was initially granted an accommodation to refer to all students by their last names, which distressed both trans and cisgender students because they figured out his reasons. The school withdrew the accommodation, and he resigned at the end of the school year in 2018.

Kluge sued the school that same year for religious discrimination and retaliation. Brownsburg argued in response that he had caused it “undue hardship” by his refusal to use students’ chosen names and pronouns, which made some students feel “targeted and uncomfortable” and ultimately hindered their ability to learn. The school also said Kluge’s stance opened it up to gender discrimination lawsuits.

A district court ruled in Brownsburg’s favor in July 2021, and the Seventh Circuit Court of Appeals upheld the decision Friday. “Brownsburg was within its rights … to withdraw the requested accommodation when it became apparent that it was not working in practice and was causing harm to students,” the court said in the ruling.

What’s more, the ruling said, Kluge’s retaliation claim “fails as a matter of law because he failed to produce any evidence supporting” his case.

The ruling is an important win for trans rights, which are under attack across the country. Twenty states, such as Florida, Texas, and Montana, have banned trans girls from playing on girls’ sports teams. Most recently, on Wednesday, Kansas’s Republican-controlled legislature overrode Democratic Governor Laura Kelly’s veto of a bill banning trans girls from playing girls’ sports.

But it’s not all bad news: On Thursday, the Supreme Court ruled that a 12-year-old trans girl in West Virginia must be allowed to compete on her school’s girls’ cross-country and track teams.

West Virginia implemented a law banning trans girls from girls’ teams in 2021, but that law is being challenged in court. The Supreme Court said that the law cannot be enforced until the case is decided.

Supreme Court Justice Clarence Thomas thinks he doesn’t have to disclose his vacations funded by a billionaire Republican megadonor because the two of them are “close personal friends.”

The justice has spent decades secretly enjoying opulent getaways courtesy of Harlan Crow—and he disclosed none of them, in violation of a decades-old federal law, ProPublica revealed in a bombshell report Thursday.

But Thomas insisted in a weak statement Friday that he doesn’t think he’s done anything wrong. “Early in my tenure at the Court, I sought guidance from my colleagues and others in the judiciary, and was advised that this sort of personal hospitality from close personal friends, who did not have business before the Court, was not reportable,” he said.

People were not having it.

“What a joke this person is supposed to sit in judgment of anyone else’s adherence to laws,” reporter Laura Rozen tweeted. “Could pick someone out of the phone book at random with more credibility.”

Lawyer Joyce Vance pointed out that “personal hospitality is a nice dinner or maybe a weekend visit at a close friend’s lake house. It’s not persistent travel where you rub shoulders with conservative folks with litigation interests before SCOTUS on an at-least-annual basis.”

Some people were shocked that Thomas’s main defense was essentially, “Oops!”

Thomas and his wife, Ginni, have come under increased scrutiny for their fuzzy ethics. Ginni Thomas was closely involved in efforts to overturn the 2020 election. In January 2022, her husband was the only justice to vote against the release of communications that ultimately revealed her involvement.

Part of the problem is that the Supreme Court is largely self-policing, and some of them are doing a very bad job of it.

Read more about Thomas’s wrongdoing here.

Just days after being arrested on criminal fraud charges and attacking the family of the Manhattan judge hearing his case, former President Donald Trump reportedly is now looking to hire far-right Islamophobe Laura Loomer.

The New York Times reports that Trump recently met with Loomer, a two-time loser for the U.S. House of Representatives, and told advisers to bring her onto his 2024 campaign. Loomer on Tuesday attended Trump’s post-arraignment speech at Mar-a-Lago.

“Out of respect for President Trump, I’m not going to comment on private conversations that I had with the president,” Loomer told the Times. “The president knows I have always been a Trump loyalist,” she continued, “and that I’m committed to helping him win re-election in 2024. He likes me very much.”

Marjorie Taylor Greene, who endorsed Loomer’s failed 2022 bid in Florida’s 11th congressional district, now has a different opinion of her:

Loomer, a self-proclaimed “#proudislamaphobe,” has described Islam as a “cancer” and has celebrated the deaths of Muslim refugees, hoping for “more.”

In 2018, Loomer was banned from Twitter after tweeting that Representative Ilhan Omar was “anti Jewish,” “pro-Sharia,” and part of a religion in which “homosexuals are oppressed” and “women are abused” and “forced to wear the hijab.” After Loomer’s banning, she handcuffed herself to the doors of Twitter in protest, but perhaps not in a very efficacious manner:

Loomer later called Omar a “bitch” and “despicable human being” and said, “Muslims should not be allowed to seek positions of political office in this country.” After Elon Musk bought Twitter, she was allowed back on the platform.

Loomer was also banned from using Uber and Lyft after she made anti-Muslim remarks: “Someone needs to create a non Islamic form of Uber or Lyft because I never want to support another Islamic immigrant driver.”

On a podcast called Nationalist Public Radio, Loomer explained why she is “pro–white nationalism,” saying that “immigration” and “diversity” are “starting to destroy this country.”

Fear not, Loomer’s actions are as loud as her words. In 2017, Loomer was arrested for disorderly conduct and criminal trespassing after disrupting a Shakespeare in the Park presentation of Julius Caesar in New York City. In 2019, she was arrested again after jumping over the wall of California Governor Gavin Newsom’s mansion while wearing a serape and sombrero.

The far-right malefactor has also said she doesn’t care about the mass murder of 51 people in the Christchurch, New Zealand, shooting and has spread conspiracy theories surrounding other shootings, including that those in Parkland, Florida, and Santa Fe, Texas, were staged and that the shooter in the 2017 Las Vegas shootings was connected to ISIS.

Loomer herself told the Times that she is not “some kind of fringe person,” by virtue of having been supported by Trump in her previous failed congressional bids and because she worked for Project Veritas.

Perhaps Trump is all the more eager to hire her because she has accused Florida Governor Ron DeSantis and his wife, Casey, who previously had breast cancer, of playing the “cancer survivor” card to avoid criticism.

Not a full day has passed since the Republican-led Tennessee House’s shameless expulsion of Justin Jones and Justin Pearson, and already it looks like the Democratic representatives have a path to regaining their seats.

Jones, Pearson, and their colleague Gloria Johnson were targeted by Republicans for disrupting House proceedings last week in solidarity with the thousands of children, teachers, and parents protesting against gun violence outside the Capitol. The protests erupted after a Nashville school shooting left three children and three adults dead.

The House charged the trio with breaking “decorum” and voted Thursday to expel Jones and Pearson, both of whom are Black and represent Nashville and Memphis, respectively. Johnson, who is white, survived expulsion by just one vote.

But now, at least 24 of 40 members of Nashville’s Metro Council have expressed their plan to reappoint Jones to the state House; only a simple majority is needed to do so. A special council was scheduled for Monday. Typically, electing an interim representative would take at least four weeks, but members of the council are looking to suspend the rules and hold a vote to nominate Jones. If events unfold accordingly, Jones could be back in the House before the sun sets on Monday.

Nashville Mayor John Cooper, a Democrat, echoed the calls.

Meanwhile, in Shelby County, home to Memphis, the County Commission is considering reappointing Pearson to his seat. Chairman Mickell Lowery had said last week that if Pearson were expelled, he would call a special meeting to vote on an interim representative and inquire whether Pearson could be legally reappointed. The county’s assistant attorney told The Commercial Appeal that she saw no reason why he couldn’t. The 13-person commission has a nine-member Democratic supermajority, and one Democrat, Britney Thornton, has already said she supports the move.

“As a fellow millennial elected to serve, I believe it’s crucial for my generation to be represented,” Thornton told The Commercial Appeal. “I stand with Representative Pearson and his fellow colleagues—all of whom are unfairly being mislabeled and othered. Wholeheartedly will I support his reappointment.”

As it turns out, California cannot cut ties with pharmacy chain Walgreens.

Governor Gavin Newsom announced last month that his state would cease to do business with Walgreens because the pharmacy chain decided not to dispense abortion pills in nearly half of U.S. states following pressure from Republican attorneys general. Medication abortions make up more than half of all abortions in the United States and are considered a crucial tool in maintaining access to the procedure since Roe v. Wade was overturned.

But California legally has to maintain ties with Walgreens because of the state’s Medicaid program, Kaiser Health News reported Thursday, citing health law experts.

Medi-Cal provides health coverage for about 15 million people. Federal law states that patients can get their Medicaid-covered prescriptions at any approved pharmacy. Had California abruptly stopped covering Medi-Cal prescriptions filled at Walgreens locations, it would have broken federal law. This also would also have contradicted a key part of Newsom’s platform: to expand Medi-Cal as much as possible.

The Newsom administration said it will “continue to comply” with federal law by keeping its partnership with Walgreens. Gubernatorial spokesperson Anthony York said Newsom will not “take any action that hurts people who need access to care.”

Walgreens had said in January that it would offer mifepristone, one of the medications used to induce an abortion. The Food and Drug Administration changed its rules to allow pharmacies in states that still allow abortion to dispense the drug. Pharmacies would need to get certified to do so because the FDA currently classifies mifepristone as a high-risk drug, despite the fact that there is no data backing that decision up.

Walgreens and CVS, two of the biggest U.S. pharmacy chains, said they would seek certification. But in March, following intense pressure from Republican attorneys general in 20 states, Walgreens announced it wouldn’t dispense mifepristone in those states—and threw Kansas in there for good measure, too.

The chain has said it will dispense mifepristone “in any jurisdiction where it is legally permissible to do so.” Abortion is still legal in more than half of the states where Walgreens will no longer offer the drug, but the company said in a statement to TNR that some of those states don’t allow pharmacists to dispense mifepristone. “Failure to follow these state laws could result in individual pharmacists facing very real and serious legal risk, including criminal charges that could lead to jail time, steep fines and the loss of their license by state boards of pharmacy,” the company said.

In February, Newsom slammed Walgreens for its decision and said the chain “cowers to extremists and puts women’s lives at risk.” He said California was “done” with Walgreens but did not clarify what he meant. It now appears that was never an option.

This article has been updated to clarify Walgreens’ position.