A high school teacher employed by Washoe County School District (WCSD) has filed a lawsuit (see below) against the district for violating his First Amendment rights. The plaintiff contends that Administration Regulation 5161 (AR 5161) violated his religious beliefs and was subject to suspension which caused him financial and emotional harm.

The District adopted AR 5161 which prohibits school staff from notifying parents of their child’s change in gender identity, sexual orientation, pronouns, and transgender status.

Without any parental input, the District can (1) require all employees and students to address the child by a new name; (2) require all employees and students to address the child through a new pronoun; (3) have the child’s name changed on numerous government documents, including identification cards, yearbooks, and diplomas; (4) allow the child to use the restrooms, locker rooms, and changing facilities that correspond with the child’s gender identity; (5) allow the child to participate in physical education classes, intramural sports, clubs, and other events that correspond with the child’s gender identity; and (6) allow the child to room with other students who share the child’s gender identity.

Part of the complaint includes the District’s employee training and implementation of a controversial “Brave Space” program that allows students complete autonomy and isolation from their parents, instructing teachers and staff  on “how to address these gender identity and gender non-conformity matters by bypassing parental notification and referral to third party (off school-site) organizations to seek help with non-conformity issues.”

The plaintiff maintains that the district violated his personal religious beliefs regarding gender identity and gender non- conformity, and further raises legal concerns regarding AR 5161 and WCSD’s actions to assist teachers and staff to enforce AR 5161, such as the Brave Space Training program.

Upon receiving the Brave Space Training instructions via email, which included a warning to not share the material with any person or party, the plaintiff sought legal advice regarding the legalities of such actions by WCSD. The plaintiff forwarded the email and attachments to his personal account and to his Attorney to consult on legalities of the training.

The district then “retaliated” against him by suspending him without pay and further “defamed him and besmirched his character” through including retaliatory letters in his employment file which  prevents him from advancing or changing jobs within WCSD and also prevents him from being given a positive reference from WCSD. 

This is the first case filed by a teacher against the district for the implementation of AR 5161. A similar case was filed by a parent and her child against the district and is currently awaiting a decision by the 9th Circuit Court of Appeals. Attorneys Sigal Chattah and Joey Gilbert are representing the plaintiffs in each complaint.

Attorney Chattah told The Globe: “No teacher in the State of Nevada should face penalty for expressing their faith, their speech and disclosing gender identity curriculums to the public and to parents. The secrecy perpetuated by school districts as to withholding a student’s mental health from their parents is a growing systemic problem we are witnessing across the Nation. Mr. Mead’s constitutional rights will be litigated in ordinary course and we will allow the Courts to adjudicate the validity of his claims.”