Judge dismisses suit filed by former Ludlow teacher fired for outing ‘genderqueer' student to parents

SPRINGFIELD — A federal judge dismissed a suit Friday from a teacher who was fired for outing a queer student to their parents, potentially closing another chapter in a long-running case over gender policies at a Ludlow middle school.
Bonnie A. Manchester filed a $10 million lawsuit against former school officials and the town after she was fired from her job at Paul R. Baird Middle School in 2021.
Manchester was fired for 'conduct unbecoming a teacher,' after higher-ups decided her decision to reveal an 11-year old's student's gender preferences to their parents ran roughshod over school and state policies.
The plaintiff, hired in 1999, countered that the firing violated her First Amendment right to free speech and added that parent engagement was an important tenet of her job.
In a ruling issued Friday, U.S. District Judge Mark G. Mastroianni disagreed, granting a defense motion to dismiss the case.
'The court concludes (the) plaintiff's federal causes of action fail to state a claim upon which relief may be granted. These federal claims are therefore dismissed,' the judge wrote in a 24-page memorandum.
The ruling in Manchester's case comes three years after Mastroianni dismissed a lawsuit filed by the child's parents, contending their rights as parents were violated when the school initially kept the student's preferences quiet.
The dismissal was upheld by the First Circuit Court of Appeals.
Years before that, there was an uproar among parents when a nonbinary librarian introduced gender-fluid themes and book titles at the school library — rendering this small Western Massachusetts town a microcosm of the national debate over gender identity.
A lawyer for Manchester on Tuesday said he disagrees with the judge's ruling and is considering his client's right to appeal.
'I'm sure the judge did what he thought was right through his own light, but we have a very different view and will let higher tribunals review it,' said Bolton attorney Frank L. McNamara Jr.
The child in question, who was born a female, sent an email in 2021 to teachers and administrators, expressing their preference to be called a new name and adding that they preferred he/him or they pronouns. The student referred to themselves as 'genderqueer.'
In the same email, the student asked teachers to continue using she/her when communicating with parents, as they were reticent about disclosing to their family, according to court records.
Shortly before that, several teachers conferred about the child, identified only by initials in court records, expressing worry over their emotional and academic downturn during COVID-19. They agreed to contact the child's parents, but administrators later decided otherwise, asking teachers not to reveal the information to protect the student's privacy and personal wishes.
Despite that directive, Manchester later had a conversation with the child's father while her car was getting serviced at his auto shop, court records say.
Included in Mastroianni's ruling was a summary of the exchange between Manchester and the father, regarding 'the phenomenon of gender dysphoria, then prevalent among certain teens, particularly since the onset of COVID,' the account reads.
'Ms. Manchester also discussed with the father efforts then underway by certain teachers and administrators at Baird to assist LGBTQ students in 'regendering,' to protect them from bullying and other forms of harassment, and to conceal information from parents, and how all this was a matter of great public concern and controversy among teachers, parents, (administrators) and School Committee members, not only in Ludlow but also nationwide,' the summary continues.
Once the student informed a counselor that Manchester had disclosed to the parents the contents of their email, she was placed on administrative leave for several weeks and later fired, citing 'inappropriate communications.'
Mastroianni found the lawsuit was erroneously filed against the town, as municipalities can only be found liable if it directly causes a constitutional violation. Further, the judge said Manchester's First Amendment rights were minimal compared to the school's interest to foster student expression without backlash.
In her lawsuit, Manchester argued she acted to prevent a 'grave moral wrong' and to avoid setting an 'immoral example.'
Mastroianni said her personal philosophies do not outweigh a school system's obligation to provide a supportive environment for all students.
'These beliefs, even if sincerely held, do not insulate (the) plaintiff from the employment related consequences of her choice to undercut the school's greater (and constitutionally recognized) interest in protecting an inclusive and safe environment for transgender minors as a matter of law,' his order says.
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Boston Globe

3 hours ago

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Mass. considers scrapping religious exemptions for vaccinations

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Politico

4 hours ago

• Politico

Experience vs. inspiration: New York City mayoral race mirrors national Dem divide

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Mamdani's thin governmental record allows for the ultimate test of whether Democrats are willing to move toward energetic fresh faces with minimal experience. He was elected as a true outsider in 2020. Prior to winning office, he had only made two visits to the Capitol, both for housing advocacy. Due to Covid, candidates running that year got far less scrutiny than in any modern New York election — there were no public events, state politics was overshadowed by a presidential race, and the Albany press corps was focused on Cuomo's pandemic briefings. The Zoom-era timing also meant Mamdani didn't engage in the typical bonding and glad-handing with new legislative colleagues. 'There's no equivalent of getting in an elevator with somebody,' he said in a 2021 interview. 'Virtual also creates a lot more of a conduit for tension versus in-person, because you're able to understand the humanity of someone a little bit more than when they're just a little square on the screen.' His promise to legislate with an 'understanding that the status quo has failed us' — and, perhaps, his lack of immersion into the system as a freshman — have kept him an outsider among Albany's Democrats. Mamdani's status on the fringes was highlighted by a bill he introduced in 2023 that would ban New York charities from supporting Israeli settlers. The backlash was swift: Assembly leadership immediately dubbed it a 'non-starter,' a rarity in a legislative body whose leaders usually wait for internal party discussions before weighing in. Twenty-five of his fellow Democrats released a letter condemning the measure as designed to 'antagonize pro-Israel New Yorkers.' 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He played a major role in taxi drivers' successful 2021 push for debt relief. He helped win a pilot program for free bus rides — now a central plank in his mayoral campaign — but kiboshed its renewal when he cast a protest vote against last year's budget, rather than play ball with his colleagues and take the win. He also points to his support for a 2023 law that lets the state build its own green energy plants. 'That's not my legislation. The passage of it is not considered a bill that I have passed,' Mamdani said recently. 'I spent so much of my time fighting for it because I knew that, were we to pass it, we could actually take a real step towards taking on the climate crisis. And I think too often, much of our work in politics is focused on ensuring that you receive credit for the work that you do.' Despite his opinion, his lack of clearly delineated achievements has provided opponents with a ready-made cudgel. 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'That's working: He's in the game.' And nobody — not even the candidates themselves — actually know whether they're experienced enough to be an executive for the first time. 'When I did become governor, it felt that way: 'What am I doing here!?'' Paterson said. — Jeff Coltin contributed reporting

The Hill

5 hours ago

• The Hill

Red states are forcing public schools to go MAGA

In Oklahoma, new social studies standards sound like they were written by loyal followers of President Trump. The standards include teaching high school students about 'discrepancies' in the 2020 presidential election, including discredited theories related to the 'security risks of mail-in balloting, sudden batch dumps, an unforeseen record number of voters, and the unprecedented contradiction of 'bellwether county' trends.' Students will also be asked to 'identify the source of the COVID-19 pandemic from a Chinese lab,' begin learning about the teachings of Jesus in the second grade and the 'ways that individuals can be patriotic' in preschool. After being accepted by the Oklahoma legislature, the new standards have sparked litigation and bitter debate. Oklahoma is by no means alone in remaking public education in hyperpartisan and, in our view, dangerously misguided ways. In an era of extreme political polarization, nothing succeeds like excess. As the pendulum has swung to the right, red state officials — acting under the banner of 'parental rights' and anti-'woke' ideology — have outdone one another in adopting restrictive instructional mandates related to religion, gender, sexuality, race and U.S. history. In 2023, Texas became the first state to permit school districts to use chaplains to counsel students during the school day. This year, the Texas legislature passed a bill allowing school districts to set aside time daily for prayer and religious study. Louisiana and Arkansas passed laws requiring classrooms in every public school to display the Ten Commandments. (On Friday, the conservative Court of Appeals for the Fifth Circuit ruled that the Louisiana law was unconstitutional.) Kentucky has prohibited instruction on human sexuality and sexually transmitted diseases before fifth grade and barred instruction on gender identity or sexual orientation. Iowa banned instruction on sexuality or sexual orientation before sixth grade and prohibited school libraries from carrying books depicting sex acts. In a backlash to the social justice activism that followed George Floyd's murder in 2020, at least 18 states passed laws banning the teaching of 'critical race theory' and restricting how teachers talk about racism, sexual orientation, gender identity and other 'divisive concepts.' Other 'educational gag orders' prohibit teachers from discussing 'controversial issues of public policy or social affairs.' If such teaching is permitted, the rules require teachers to 'strive to explore such issues from diverse and contending perspectives.' Even though two-thirds of Americans oppose book bans, books 'are disappearing' from K-12 classrooms and libraries across the country in an 'unprecedented flood' driven by 'punitive state laws' and 'pressure campaigns.' Florida has led the way. In what may become a blueprint for federal policy, the state adopted a series of laws, regulations and executive orders that 'privilege some parents' ideological preferences above all others, tie the hands of educators, and limit students' access to information.' Florida has banned the teaching of 'any concept that promotes, advances, or compels individuals to believe discriminatory concepts'; prohibited spending state funds on diversity, equity and inclusion programs; barred classroom discussion of gender identity through third grade; pulled hundreds of books that describe 'sexual conduct' or are deemed age inappropriate from school shelves; and encouraged parents to object to instructional materials they deem immoral or harmful. According to a 2024 Washington Post survey, 38 states have adopted laws either restricting or expanding teaching on race, racism, gender or history. Although some, such as a 2021 Rhode Island law mandating instruction on 'African Heritage and History,' reflect progressives' priorities, fully two-thirds of the laws are restrictive, and 90 percent of those were passed in states that voted for Trump in 2020. Conservatives insist that restrictive laws are necessary to combat 'woke' indoctrination and protect the rights of parents to educate their children in accordance with their values. Liberals argue that 'inclusive curricula' are required to enable all students to thrive. In addition to striking down Louisiana's Ten Commandment's statute, federal judges are considering challenges to many of the other red state instructional mandates. In the past, school districts have usually had wide latitude in instruction, an approach that is more responsive to the educational priorities of local communities than statewide mandates. After all, even the reddest and bluest states have plenty of residents (in places like Austin, Texas and upstate New York) who dissent, often vigorously, from the majority's agenda. The current burst of state regulation is unprecedented, and it is having a profound impact on the education of America's kids. What students are told about the subjects that most divide the country increasingly depends on whether they attend school in a blue state or a red one — almost certainly exacerbating polarization. All this has a dramatic chilling effect on teachers. According to a 2023 survey, 65 percent of teachers have restricted their instruction on 'political and social issues,' twice the number subject to restrictive state laws. For most of American history, one could claim that Newton's Third Law of Motion — for every action, there is an equal and opposite reaction — has applied to politics as well. So Americans might expect that ideological extremes in state educational policy will eventually be reversed. But if U.S. institutions do not preserve the norms, practices and principles of democracy, we may discover — when it's too late — that Newton's Third Law no longer applies. Glenn C. Altschuler is the Thomas and Dorothy Litwin Emeritus Professor of American Studies at Cornell University. David Wippman is emeritus president of Hamilton College.