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Alliance Defending Freedom (ADF) attorneys have filed an opening brief with the U.S. Court of Appeals for the 7th Circuit on behalf of John Kluge, a former Indiana high school music teacher. The latest legal action comes after a lower court ruled against Kluge in his religious discrimination case against Brownsburg Community School Corporation.
During his four-year tenure at Brownsburg High School, Kluge had requested and initially received an accommodation to address all students by their last names rather than their preferred gender pronouns. This arrangement allowed him to uphold his religious beliefs while fulfilling his teaching duties. However, the school district later rescinded this accommodation, effectively forcing Kluge to choose between his faith and his career.
What is Alliance Defending Freedom?
Alliance Defending Freedom (ADF) is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, marriage and family, and the sanctity of life.
Alliance Defending Freedom Church & Ministry Alliance is a specialized division of Alliance Defending Freedom dedicated to supporting religious organizations. This branch provides tailored legal services and advocacy to churches and faith-based groups, focusing on protecting their right to freely practice their beliefs, assisting with legal challenges specific to religious institutions, and defending religious liberties against potential external restrictions.
Kluge’s case,Kluge v. Brownsburg Community School Corporation, has a complex history. After his initial termination, he appealed to the 7th Circuit in July 2022 when a lower court ruled against him. A year later, the appeals court remanded the case to the district court in light of the U.S. Supreme Court’s decision inGroff v. DeJoy. However, the district court once again denied Kluge’s request to protect his religious freedom, leading to this current appeal.
In its opening brief, Alliance Defending Freedom criticized the lower court’s interpretation of Groff, asserting that the court “shortchanged Groff, minimizing the definitional shift of undue hardship” on the school district.
ADF attorneys pointed out that the school district provided no evidence that Kluge’s accommodation significantly impacted their overall operations. In fact, they argued that “Allowing one teacher—in a school with over 3,000 students and 160 teachers, and a district with over 10,000 students and over 600 teachers—to remain ideologically neutral doesn’t impose any relevant costs or have the district-wide significance Groff requires.”
Alliance Defending Freedom is urging the 7th Circuit to reverse the district court’s decision and remand the case for a judgment in Kluge’s favor on both discrimination and retaliation claims.
In a statement onAlliance Defending Freedom Media, ADF Senior Counsel and Vice President of U.S. Litigation David Cortman emphasized the importance of religious freedom in the workplace. “Government employees should know they have the freedom to live and work according to their religious beliefs. Yet the Brownsburg school district ignored this right, deciding instead that Mr. Kluge’s religious views couldn’t be tolerated. It revoked his religious accommodation based on the grumblings of a few, forcing him to resign or be fired. The school district’s actions violate Title VII, a federal law prohibiting discrimination against employees on the basis of religion. As the Supreme Court affirmed in Groff, employers must accommodate employees’ religious practices unless doing so imposes undue hardships on their overall operations. We are urging the 7th Circuit to uphold Mr. Kluge’s right to religious accommodation under Title VII,” Cortman said.
