The lawsuit alleges that employees are required to conceal some students’ social transitions from parents and use language that conflicts with their religious beliefs.
A Christian social worker has sued Albuquerque Public Schools, alleging that the district denied her a religious accommodation from policies governing students’ gender identities and communications with parents.
Jeanette Martinez, a licensed clinical social worker at Atrisco Heritage Academy High School, works primarily with special-education students. Her lawsuit challenges a district directive that she says requires employees to use a student’s requested name and pronouns at school while withholding that information from parents who have not been informed of the student’s social transition.
The complaint says employees may be required to use a student’s legal name and birth-sex pronouns when speaking with an uninformed parent. Martinez argues that this compels her to participate in concealing material information and to use language inconsistent with her Christian beliefs.
Martinez requested a religious accommodation in April, according to the Center for American Liberty, but the district denied it. Her lawsuit alleges compelled speech, religious discrimination and violations of the First Amendment’s Free Exercise Clause.
Albuquerque Public Schools has said more broadly that its policies protect students against discrimination and harassment based on gender identity and other protected characteristics. The district had not filed its complete legal response to Martinez’s allegations when the case was publicized.
The lawsuit remains pending, and no court has yet determined whether the challenged policy is unconstitutional.
Related: California School District Agrees to Parental Opt-Outs in Religious Liberty Settlement.
