Professor’s refusal to address trans student by preferred pronouns protected by free speech, judge rules

Professor wins appeal after arguing he should not be forced to use preferred pronouns for trans student, claiming it goes against his religious beliefs

A professor has won his appeal in a lawsuit against a small, public university in Ohio which rebuked him for failing to address a transgender student using the student’s preferred gender terms.

The 6th US Circuit Court of Appeals ruled the Shawnee State University had violated protections for free speech and free exercise of religion when it effectively mandated Professor Nicholas Meriwether to use the student’s preferred gender terms. 

Mr Meriwether’s federal lawsuit alleged that Shawnee State University officials violated his rights by compelling him to speak in a way that contradicted his Christian beliefs, and read in part: “Continuing in their role as the self-appointed grammar police, Defendants threaten to punish him again if he continues to express his views.”

In the circuit’s ruling, a judge appointed by former President Donald Trump, Judge Amul Thapar, wrote: “If professors lacked free-speech protections when teaching, a university would wield alarming power to compel ideological conformity.”

“A university president could require a pacifist to declare that war is just, a civil rights icon to condemn the Freedom Riders, a believer to deny the existence of God, or a Soviet to address his students as ‘comrades,’’ he continued. “That cannot be.”

School officials contended that such language was part of his job responsibilities, not speech protected by the First Amendment, and that the case should be dismissed. US District Judge Susan Dlott dismissed it last week, agreeing that the manner in which Mr Meriwether addressed the student wasn’t protected under the First Amendment.

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Asked whether Mr Meriwether would further pursue the matter, his attorney, Travis Barham of Alliance Defending Freedom, said Monday that they were evaluating their next steps.

“This is wrong,” Mr Barham said in a statement. ”Public universities have no business compelling people to express ideological beliefs that they don’t hold.”

Mr Meriwether had received a written warning for violating the school’s nondiscrimination policy and unsuccessfully challenged his reprimand in a grievance process. He said he treated the student like “other biologically male students.”

The Associated Press contributed to this report.

This article was amended on 24 May 2021 to change a reference from ‘correct pronouns’ to ‘preferred pronouns’.