CHESAPEAKE, Va. — A group of Chesapeake Public School parents, teachers, and students are planning to file a lawsuit against the school board following its adoption in December of a policy that prohibits any school staff from asking others to use a preferred pronoun that differs from their biological sex.
The lawsuit was filed on behalf of the group by Seliavski Law and states that the school board, on Dec. 15, "voted on and passed allegedly discriminatory policy targeting transgender and non-binary employees and students."
Policy 8-02, which was adopted by the school board by a vote of 7-2, prevents staff members from asking other staff members or students to use a preferred pronoun, or a pronoun that does not correspond with their biological sex.
Watch related: Parent speaks against pronoun policy
The lawsuit, according to a press release from Seliavski Law, alleges that the policy is a "direct violation of federal and state laws," and states that the policy will "jeopardize the safety, security, and mental health of teachers and students, transgender, or not."
Following the December vote, Vice Chair Kim Scott said, "It is problematic to walk into a classroom and not know what subject to teach but to only be focused on your preferred identity that is not in line with the curriculum."
Katrina Kassel, a Portsmouth educator who uses they/them pronouns and the Mx prefix, spoke against Chesapeake's policy.
"I have taught for over a decade in public schools and I have never had one kid or one parent become irreparably confused by any of this information," Kassel said.
More than 20 people from the community spoke at the meeting — both in favor and against the policy.
In its press release, Seliavski Law goes on to say that the school board has chosen to open the district to litigation instead of focusing on education.
"This policy opens the door for harassment to begin or continue unabated. This lack of acceptance, support, and discrimination from the Chesapeake School Board hinders the education of students," according to the press release. "It sends a message that any elected official may disregard established rights merely because they personally don’t like it. It is a slippery slope that sends the wrong message to our children: a message of othering rather than acceptance."
The plaintiffs are seeking declaratory relief and a permanent injunction to overturn Policy 8-02.
