Kluge v. Brownsburg Community School Corporation
Description: Indiana music and orchestra teacher John Kluge is challenging the legality of Brownsburg Community School Corporation’s decision to revoke his religious accommodation over students’ pronoun usage. When the school district mandated that teachers call students by their preferred gender pronouns and names, Kluge requested a religious accommodation under Title VII of the Civil Rights Act to call all his students by their last names only—like a coach—instead of referring to female students with male names and pronouns and vice versa. The school district granted Kluge’s request based on his religious beliefs, and Kluge successfully continued teaching under the religious accommodation for an entire school year. But in response to the grumblings of a few students and faculty, the school district revoked the religious accommodation and forced Kluge to resign, ending his teaching career.
Indiana music teacher's religious freedom case heads back to district court
The following quote may be attributed to Alliance Defending Freedom Senior Counsel and Vice President of Appellate Advocacy John Bursch regarding the U.S. Court of Appeals for the 7th Circuit’s decision Friday to vacate its opinion against the religious accommodation of Indiana high school music teacher John Kluge in Kluge v. Brownsburg Community School Corporation and send the case back to district court to be reconsidered in light of the U.S. Supreme Court’s recent decision in Groff v. DeJoy:
“Federal law protects employees’ ability to live and work according to their religious beliefs. Yet the Brownsburg school district ignored the law, deciding Mr. Kluge’s religious views couldn’t be tolerated, revoked his religious accommodation based on the grumblings of a few, and forced him to resign on pain of termination. The school district’s decision violates Title VII, a federal law prohibiting discrimination against employees on the basis of religion. As the Supreme Court recently affirmed in Groff, employers must provide reasonable accommodations for employees’ religious practice unless doing so imposes undue hardships on their overall operations. The 7th Circuit has now sent Mr. Kluge’s case back so the district court can fix its previous mistakes and apply Groff to uphold Mr. Kluge’s constitutionally protected religious freedom.”
ADF attorneys represent Kluge, who taught at Brownsburg High School for four years. When the school district mandated that teachers call students by whatever pronouns and names they chose, Kluge requested a religious accommodation under Title VII of the Civil Rights Act to call all his students by their last names—like a coach—instead of referring to female students with male names and pronouns and vice versa. The school district granted Kluge’s request based on his religious beliefs, and he successfully continued teaching under the religious accommodation for an entire school year. But in response to the grumblings of a few students and faculty, the school district revoked the religious accommodation and forced Kluge to resign, ending his teaching career.
Michael Cork, one of more than 4,700 attorneys in the ADF Attorney Network, is serving as local counsel on behalf of Kluge.
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
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ABOUT John Bursch
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position. Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School and is admitted to practice in numerous federal district and appellate courts, including the U.S. Supreme Court.
ABOUT Rory Gray
Rory Gray, Esq., serves as senior counsel with Alliance Defending Freedom, where he plays a strategic role on the Appellate Advocacy Team. Since joining ADF in 2011, Gray has worked diligently on key cases to preserve religious freedom and free speech in America. He has served as a member of the main litigation teams in Thomas More Law Center v. Bonta, Masterpiece Cakeshop v. Colorado Civil Rights Commission,Trinity Lutheran Church of Columbia v. Comer,Conestoga Wood Specialties Corp. v. Sebelius, and Reed v. Town of Gilbert. Additionally, Gray has written briefs at all levels of federal and state courts, including an amicus brief in Newdow v. Congress of the United States, in which the Second Circuit upheld the use of the national motto, “In God We Trust,” on U.S. currency. Gray earned his J.D. from Washington and Lee University School of Law, graduating magna cum laude in 2007. Before graduating, he completed the ADF leadership development program to become a Blackstone Fellow in 2005. After law school, Gray clerked for the Hon. Bobby R. Baldock on the U.S. Court of Appeals for the 10th Circuit from 2007-2009 and for the Hon. G. Steven Agee on the U.S. Court of Appeals for the 4th Circuit from 2009-2011. A member of the state bars of Georgia, Arizona, and Virginia, Gray is also admitted to practice before the U.S. Supreme Court and various appellate and trial courts.