The cases are still being litigated at the district and circuit court levels and often revolve around claims of freedom of speech, free exercise of religion, and nondiscrimination law, but the ever-growing number of lawsuits has conservative lawyers expecting an eventual date with the Supreme Court.
"I do believe that the Supreme Court is going to have to weigh in on this if schools continue adopting these policies, which it appears that they're doing," the attorney said. In April, Shawnee State University settled a lawsuit with ADF client Nicholas Meriwether, a professor of philosophy who refused to refer to a biologically male student as a female. The university settled the case after the 6th U.S. Circuit Court of Appeals ruled in favor of Meriwether and said the public university could force ideological conformity among faculty.
And last month, the 7th Circuit remanded another pronoun case involving John Kluge, a teacher in Brownsburg Community School District in Indiana, back to the district level to be reconsidered in light of the U.S. Supreme Court's ruling in Groff v. DeJoy, which said public entities had to accommodate religious exemptions unless they led to"substantial increased costs."
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