Judge dismisses suit filed by former Ludlow teacher fired for outing ‘genderqueer' student to parents
SPRINGFIELD — A federal judge dismissed a suit Friday from a teacher who was fired for outing a queer student to their parents, potentially closing another chapter in a long-running case over gender policies at a Ludlow middle school.
Bonnie A. Manchester filed a $10 million lawsuit against former school officials and the town after she was fired from her job at Paul R. Baird Middle School in 2021.
Manchester was fired for 'conduct unbecoming a teacher,' after higher-ups decided her decision to reveal an 11-year old's student's gender preferences to their parents ran roughshod over school and state policies.
The plaintiff, hired in 1999, countered that the firing violated her First Amendment right to free speech and added that parent engagement was an important tenet of her job.
In a ruling issued Friday, U.S. District Judge Mark G. Mastroianni disagreed, granting a defense motion to dismiss the case.
'The court concludes (the) plaintiff's federal causes of action fail to state a claim upon which relief may be granted. These federal claims are therefore dismissed,' the judge wrote in a 24-page memorandum.
The ruling in Manchester's case comes three years after Mastroianni dismissed a lawsuit filed by the child's parents, contending their rights as parents were violated when the school initially kept the student's preferences quiet.
The dismissal was upheld by the First Circuit Court of Appeals.
Years before that, there was an uproar among parents when a nonbinary librarian introduced gender-fluid themes and book titles at the school library — rendering this small Western Massachusetts town a microcosm of the national debate over gender identity.
A lawyer for Manchester on Tuesday said he disagrees with the judge's ruling and is considering his client's right to appeal.
'I'm sure the judge did what he thought was right through his own light, but we have a very different view and will let higher tribunals review it,' said Bolton attorney Frank L. McNamara Jr.
The child in question, who was born a female, sent an email in 2021 to teachers and administrators, expressing their preference to be called a new name and adding that they preferred he/him or they pronouns. The student referred to themselves as 'genderqueer.'
In the same email, the student asked teachers to continue using she/her when communicating with parents, as they were reticent about disclosing to their family, according to court records.
Shortly before that, several teachers conferred about the child, identified only by initials in court records, expressing worry over their emotional and academic downturn during COVID-19. They agreed to contact the child's parents, but administrators later decided otherwise, asking teachers not to reveal the information to protect the student's privacy and personal wishes.
Despite that directive, Manchester later had a conversation with the child's father while her car was getting serviced at his auto shop, court records say.
Included in Mastroianni's ruling was a summary of the exchange between Manchester and the father, regarding 'the phenomenon of gender dysphoria, then prevalent among certain teens, particularly since the onset of COVID,' the account reads.
'Ms. Manchester also discussed with the father efforts then underway by certain teachers and administrators at Baird to assist LGBTQ students in 'regendering,' to protect them from bullying and other forms of harassment, and to conceal information from parents, and how all this was a matter of great public concern and controversy among teachers, parents, (administrators) and School Committee members, not only in Ludlow but also nationwide,' the summary continues.
Once the student informed a counselor that Manchester had disclosed to the parents the contents of their email, she was placed on administrative leave for several weeks and later fired, citing 'inappropriate communications.'
Mastroianni found the lawsuit was erroneously filed against the town, as municipalities can only be found liable if it directly causes a constitutional violation. Further, the judge said Manchester's First Amendment rights were minimal compared to the school's interest to foster student expression without backlash.
In her lawsuit, Manchester argued she acted to prevent a 'grave moral wrong' and to avoid setting an 'immoral example.'
Mastroianni said her personal philosophies do not outweigh a school system's obligation to provide a supportive environment for all students.
'These beliefs, even if sincerely held, do not insulate (the) plaintiff from the employment related consequences of her choice to undercut the school's greater (and constitutionally recognized) interest in protecting an inclusive and safe environment for transgender minors as a matter of law,' his order says.
Read the original article on MassLive.
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