Charleston, WV (JK) – West Virginia Attorney General J.B. McCuskey is leading a coalition of 12 states asking the U.S. Supreme Court to hear a case involving a former Montgomery County Public Schools substitute teacher who says the district violated her constitutional rights.
Kimberly Polk challenged Montgomery County Public Schools’ gender identity guidelines, arguing they conflicted with her Christian beliefs. Polk sought a religious accommodation by requesting an assignment in a classroom where no student was undergoing a gender transition. According to court filings, the school district denied the request and barred her from substitute teaching.
McCuskey and the coalition filed an amicus brief supporting Polk’s petition to the Supreme Court after the U.S. Court of Appeals for the Fourth Circuit rejected her claims. The brief argues the district’s policies compel speech, restrict religious expression and violate First Amendment protections.
McCuskey said no teacher should have to choose between their faith and their job and urged the Supreme Court to clarify the constitutional protections afforded to educators.
Joining West Virginia on the brief are Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota and Texas.
The U.S. Supreme Court has not yet decided whether it will hear the case.
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