Monday, August 23, 2021

Fourth Circuit Says Fed Courts Can't Hear State Claims of Teacher Fired for Using Wrong Pronouns for Student

The Fourth Circuit on Friday ruled that the federal courts lacked jurisdiction to hear a case of a Virginia teacher who was fired for using an incorrect pronoun for a student. The ruling means that the teacher's claims stay in the Virginia state courts.

The case, Vlaming v. West Point School Board, arose when teacher Peter Vlaming was fired for refusing to use a male pronoun for a student who recently gender-transitioned to male. Vlaming sued in Virginia state court, arguing that his termination violated state constitutional due process, free speech, and free exercise, and state statutory rights--all state claims. The Board moved to remove the case to federal court, arguing that Vlaming's complaint raised federal Title IX issues (because Title IX compelled the Board to take action against Vlaming), and that Vlaming's state constitutional claims turned on the parallel federal constitutional provisions, because Virginia interprets these state constitutional provisions in lock step with the federal Constitution.

The Fourth Circuit rejected the arguments. It ruled that a federal defense alone (here, Title IX) can't create federal jurisdiction where the complaint alleges no federal jurisdiction, and that Virginia's practice of interpreting its constitution in lock step with the federal Constitution can't create federal jurisdiction, because Virginia isn't required to interpret its constitution in this way, and it might not in any given case (including this one).

The ruling means that the federal courts won't hear the case. But Vlaming and the Board can make their arguments (including the Board's Title IX defense) when it proceeds in state court.

https://lawprofessors.typepad.com/conlaw/2021/08/fourth-circuit-says-fed-courts-cant-hear-state-claims-of-teacher-fired-for-using-wrong-pronouns-for-.html

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