Question
In an effort to promote diversity and eliminate bullying, School District X has instituted a new policy. That policy requires gender-affirming uniforms and proscribes all
In an effort to promote diversity and eliminate bullying, School District X has instituted a new policy. That policy requires gender-affirming uniforms and proscribes all "hate speech" as well as "mis-gendering" thereby requiring, among other things, faculty, staff, and the students to utilize, upon request of a student or a parent, "preferred personal pronouns and names" when addressing a "transitioning" student or referencing that student to third parties.
Moreover, the policy proscribes informing any parent of a student's transitioning decision or status without the express permission of the student.
Brett Smith is a biological male and a member of the school's men's soccer team; Brett, now calling himself "Mary," seeks to identify as a female as expressed by wearing the school's official female attire, using female restrooms and locker facilities, and demanding to be called "Mary" and "she/her." Brett has also demanded to be reassigned to the school's female soccer team. Brett's parents are unaware of Brett's decision and behavior.
Mr. Briggs teaches Spanish and Latin; his personal conviction is that language matters, including gender as a key grammatical element in learning languages. He has politely declined to use feminine pronouns in any context in referencing Brett and instead refers to him as either "Merry" which sounds like "Mary" (after all, he reasons, Merry was a male Hobbit inLord of the Rings) or "Senor Smith." (Mr. Briggs during his classes usually, but not always, refers to every student by their formal surname; when engaging the students in conversation in the new language and in one-on-one discussions, however, he usually refers to every student by their first name as that aids the realism of having a real conversation).
Each class day, Mr. Briggs respectfully referred to Brett as "Senor Smith" and in simulated conservations as "Brett," which precipitated an immediate protest by Brett: "My name is Mary; you call all the other students by their first names; I demand equal treatment." Flustered, Mr. Briggs responded: "Yes sir, I mean,MERRY", Briggs says with a sardonic smile.
Bill Johnson is a student at Brett's school with an earned reputation for being a provocateur. When Bill learned of Brett's decision to transition, Bill, an accomplished A-level Spanish student, had a shirt made with this message printed on the school's official men's polo: "Girls Cojones" - Bill, with the knowledge of the School's administration, wore the modified official shirt to the Spanish class he shares with Brett and taught by Mr. Briggs.
Mr. Briggs ignored Bill and his shirt; Brett in contrast reacted strongly, turned red, started crying hysterically, and then stormed from the room when Bill began to laugh at him while pointing to his shirt and Brett's private area, saying, "Yo, Brett: Read my shirt; you need to study your Spanish vocab better, Bro". Mr. Briggs then commented to the class after Brett left saying, "Well, Brett can't seem to face reality very well."
Brett seeks relief in federal court:
- What is Brett's likelihood of prevailing against Bill for equitable and civil damage claims predicated on violations arising under the 1stand 14thAmendments?
- What is Brett's likelihood of prevailing against School District X for equitable and civil damage claims predicated on violations arising under the 1stand 14thAmendments?
- What is Brett's likelihood of prevailing against Mr. Briggs for equitable and civil damage claims predicated on violations arising under the 1stand 14thAmendments?
Discuss fully, including any potential defenses available to the target defendants, but there is no need to discuss potential common law pendent or ancillary claims or defenses.
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