Fire Department Chaplain Fired for Blog Post About Transgender Controversies Can Go Forward With Lawsuit
From today’s opinion by Judge David Alan Ezra (W.D. Tex.) in Fox v. City of Austin:
In 2013, Dr. Andrew Fox (“Plaintiff”) began volunteering as the Lead Chaplain at the Austin Fire Department (“AFD”). The chaplain program is part of AFD’s Wellness Center, which houses numerous support services for firefighters, as well as other programming related to the physical and mental health of first responders. Plaintiff spent upwards of ten hours per week—all unpaid—ministering to AFD members and running the chaplaincy program.
Off AFD premises, Plaintiff maintained a blog where he discussed various aspects of the Christian faith. In 2021, Plaintiff began writing blog posts discussing “how God designed each person as male or female, and that sex is immutable.” Specifically, he stated it is unfair to allow males to compete in women’s sports. According to Defendants, the blog posts were calculated to provoke and “trigger” readers.
After hearing about the blog and finding it offensive, Lieutenant Xolochitl Chafino, AFD’s LGBTQ Liaison, informed Chiefs Baker and Vires. At the time, Baker and Vires were unaware of the blog’s existence. After some AFD members found the blog post upsetting and insulting, Baker and Vires met with Plaintiff to discuss their concerns. According to Plaintiff, the meeting went well and included “genuine[ness]” and “respectful dialogue.” However, this meeting did not resolve the conflict.
Thereafter, Chafino printed out copies of the blog to solicit comments from AFD members, civilian employees, and outside individuals. Chafino also met with Plaintiff on multiple occasions. At one meeting, Chafino felt that Plaintiff stereotyped LGBTQ people and told Vires that she never wanted to meet with Plaintiff again. Moreover, she told Baker that AFD personnel would never seek services from Fox or the chaplain program again.
Baker and Vires directed Plaintiff write an apology for his blog post. Baker believed this would restore faith and confidence in the AFD chaplain program. Baker intended the letter to communicate that AFD personnel should feel welcome using the chaplain program, regardless of their identity or beliefs. However, Baker and Vires were not satisfied with the letter. Rather, Baker found it defensive and accusatory. Plaintiff then wrote a second apology. Baker found the second letter equally unsatisfactory and Plaintiff was terminated from serving as a volunteer chaplain….
The court applied the Pickering v. Bd. of Ed. (1968) test applicable to the government’s action as employer; under that test, an employer can discipline or terminate employees for their speech, even on matters of public concern, but only if the harm caused by the speech to the employer’s operation outweighs the value of the speech. (Among other things, this essentially allows a sort of “heckler’s veto” under which, if enough people complain about the speech, it can indeed be restricted.) And the court concluded that the evidence wasn’t clear on the degree of harm to the employer:
When balancing the interests, the Court will focus on “how the speech at issue af
Article from Latest
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
