FFLC Defends Fairfax School Teacher’s Religious Freedom and Free Speech

A public-school teacher in Fairfax County, Virginia, faces possible discipline if she does not agree, in writing, that she will affirm a student’s gender identity and chosen pronouns and also hide that information from the student’s parents. Ashley Pak, a Christian elementary teacher in the Fairfax County Public Schools (FCPS), was denied a religious accommodation by FCPS earlier this month, and was instructed that, instead, she must commit to following its gender-identity affirmation policies, despite her faith.

Last week, the Founding Freedoms Law Center and America First Legal, who have partnered together to represent Ms. Pak, informed FCPS that it must reverse its actions. In a letter to FCPS leadership, we explained that its actions violate Ms. Pak’s constitutional right to the free exercise of religion and freedom of speech and that, by law, it must accommodate her faith. You can read more about her situation at ABC News 7.

Significantly, over a year ago, the Virginia Department of Education issued Model Policies protective of teacher free-speech rights in the context of student sexuality and preferred pronouns. Pursuant to Virginia law, these Model Policies, in substance, are to be implemented throughout Virginia’s school boards. However, to date, FCPS has refused to implement these Model Policies—placing some Christian school teachers’ careers in jeopardy.

Ms. Pak’s case is just one more reminder of the challenges faced by religious public-school teachers—but this challenge must end according to Virginia law. We are hopeful that FPS will properly reverse its actions against Ms. Pak immediately, provide her with a religious accommodation, and discontinue its requirement that she act and speak in a way that conflicts with her faith.