The Massachusetts Liberty Legal Center (MLLC) knows that constitutional rights do not end at the front doors of a school building. That’s why when a concerned parent at Salem Academy Charter School reached out to us on behalf of her 7th grade son, Joshua, we knew we had to step in quickly.
At the beginning of this school year, Joshua’s mother became aware that her son’s science teacher was a biological female identifying as non-binary and using the title “Mx.” instead of “Ms.” After learning this, Joshua’s mother had multiple conversations with school leadership, including the Principal. She expressed that, as Christians, it would violate Joshua’s religious beliefs and those of her family to require him to refer to the teacher using pronouns or a title which affirmed a non-binary identity. They assured her that Joshua could simply call the teacher by her last name or “the science teacher” instead of using pronouns or a title.
Joshua did so – without issue – for weeks.
On October 9th, Joshua met with his history teacher in an advisory meeting to discuss his grades. When the two began discussing Joshua’s science grade, the history teacher alleged that during this meeting, Joshua referred to the science teacher using “the incorrect pronoun” (presumably meaning female pronouns), which Joshua denies. Regardless, the history teacher stated that he corrected Joshua, who then explained that he could not use “they/them” pronouns for the science teacher due to his religious beliefs. The teacher’s report of the incident that states, “I told him that the school had discussed this with both him and his mother, and that I would be putting in a referral [to the Dean] for his refusal.”
Later that day, Joshua’s mother received an email from the Principal affirming the history teacher’s actions – the same Principal who previously assured Joshua’s mother that his religious convictions would be respected.
The Principal suggested that by using the “incorrect pronouns,” Joshua was guilty of “harassment” and “discrimination” under Massachusetts law. She acknowledged Joshua’s religious beliefs but stated that he would be expected to “interact respectfully” with all members of the school community regardless of his beliefs.
She then stated that “future instances of this behavior may result in disciplinary consequences in accordance with the school’s behavior expectations and policies,” expecting Joshua to “demonstrate a change in behavior.”
You can read more in the demand letter below.
Not only did the school disregard the accommodation they had previously assured Joshua and his mother, but they violated Joshua’s rights in the process – which is why MLLC needed to step in.
In the demand letter, we explained that schools cannot prevent a student from exercising their fundamental rights unless doing so would cause a material and substantial disruption to the school’s ability to fulfill its goals. Joshua’s religious beliefs are not a disruption to the educational goals of Salem Academy Charter School.
We also reinforced that schools cannot compel a student to speak a message that they do not believe, and must allow students to express their religious convictions.
Salem Academy Charter School violated Joshua’s rights by reprimanding him for respectfully expressing his religious beliefs – and we are hopeful that they will recognize their unconstitutional error and ensure that Joshua will not be required to use his teacher’s biologically incorrect pronouns.
However, if Salem Academy Charter School does not meet MLLC’s demands, we are prepared to file a lawsuit against the school.
This advocacy is only possible with your support. To ensure that we can continue fighting for Joshua’s religious liberty, we ask that you consider providing a generous donation today. We will not back down, but this critical work depends on your contribution. We encourage you to stand with us in the fight.
