This post originally appeared at https://will-law.org/cernek-v-argyle/
Case Name: Cernek v. Argyle
Type of Case: Individual Liberties
Court: U.S. District Court, Western Wisconsin
Filed On: July 8th, 2024
Current Status: WILL filed a complaint on behalf of our client.
TEACHER SUES WISCONSIN SCHOOL DISTRICT OVER RELIGION LIBERTY VIOLATION
July 18, 2024 | The Wisconsin Institute for Law & Liberty has filed a federal lawsuit on behalf of Jordan Cernek, a former teacher in the Argyle School District, for violating Mr. Cernek’s Title VII rights, First Amendment right to Free Exercise of his religion, and Article I, Section 18 of the Wisconsin Constitution.
The News: The Wisconsin Institute for Law & Liberty (WILL) has filed a federal lawsuit on behalf of Jordan Cernek, a former teacher in the Argyle School District, for violating Mr. Cernek’s Title VII rights, as well as his First Amendment right to Free Exercise of his religion under the United States Constitution and Article I, Section 18 of the Wisconsin Constitution.
Argyle School District required staff members to use the preferred names and pronouns of transgender students; however, after voicing his religious objection to this rule, Mr. Cernek’s contract was not renewed, effectively firing him from his job.
Background: In August of 2022, the Argyle School District announced its policy to require staff members to use the preferred names and pronouns of transgender students. Immediately, Jordan Cernek expressed that this policy would conflict with his sincerely held religious beliefs and sought an accommodation. District Administrator Mike Beranek allowed Cernek to avoid referring to the student by name, but after two short months, this accommodation was rescinded.
Mr. Cernek was then threatened with consequences for not complying with the policy, including termination.
To avoid acting contrary to his religious convictions, Cernek decided to continue acting according to the terms of his previous accommodation. Six months later, the District acted as promised and did not renew Mr. Cernek’s teaching contract because of his religious convictions.
The dismissal of Jordan Cernek violates the First Amendment, Title VII, and Article I of the Wisconsin Constitution. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on religion. Mr. Cernek has suffered from discrimination, as his renewal was rejected solely due to his religious conviction. Additionally, the First Amendment guarantees Mr. Cernek the freedom to live according to his religious beliefs. Furthermore, the Wisconsin Constitution reaffirms the First Amendment’s religious protections and provides greater support for religious liberties.
Luke Berg
Deputy Counsel
Luke@will-law.org
Lauren Greuel
Associate Counsel
Lauren@will-law.org
NATHALIE BURMEISTER
Associate Counsel
Nathalie@will-law.org
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Pat Garrett