An Indiana counselor fired after criticizing the school’s transgender plan is taking the school district to court, arguing that the policy violates her religious beliefs by compelling her to use students’ cross-sex names and pronouns without requiring parental notification.
Kathy McCord, an educator and counselor with 37 years’ experience, is seeking reinstatement after being dismissed in March by the South Madison Community School Corp.’s gender support plan, which requires staff to use students’ preferred names and pronouns, in some cases without telling parents.
The lawsuit said that under the policy, “if the student’s parents had either not received notice or not given consent to South Madison’s social transition of the student, then Mrs. McCord and the other counselors were required to instruct the teachers not to inform the student’s parents about the social transition.”
“South Madison violated Kathy’s rights by forcing her to contradict her religious beliefs and participate in this policy,” said Alliance Defending Freedom senior counsel Vincent Wagner. “Schools can’t keep secrets from parents about their children’s mental health and well-being.”
The federal lawsuit filed Thursday said the policy was enacted in the 2021-22 academic year without being presented publicly before the school board or posted online, but when an Indiana-based reporter found out about it, he contacted Mrs. McCord for verification.
Mrs. McCord, who had raised objections to the policy and sought an exemption from her supervisor without success, confirmed the authenticity of the gender support plan and expressed her concerns about it.
Six weeks after the first article ran in The Daily Signal, she received a Jan. 20 termination letter accusing her of making false statements to the reporter and lying about how he gained access to the gender support plan. She has denied both allegations. The school board voted to fire her in March.
“I just don’t want this to happen to anyone else. It’s terrible what they’re doing to parents,” fired school counselor Kathy McCord tells @TheTonus https://t.co/tcY6SqruLC</ p>— Ken McIntyre (@KenMac55) May 18, 2023
Mrs. McCord isn’t the first educator to fight school transgender policies. Three teachers in Loudoun County, Virginia, have challenged the district’s policy requiring staff to use students’ preferred pronouns.
One of the teachers, Tanner Cross, was suspended in 2021 for speaking out against the policy at a school board meeting. He was reinstated in a settlement with the school district.
The McCord lawsuit filed in U.S. District Court for the Southern District of Indiana, Indianapolis Division, seeks to have her reinstated and prohibit the district from requiring her to enforce the gender support plan.
Mrs. McCord said she plans to retire in 2026 after her grandson graduates from Pendleton (Indiana) Heights High School, where she works. The district has one high school, one middle school and four elementary schools.
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.
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