Indiana school counselor who was fired for refusing to adopt a transgender ‘support plan’ is now suing

Alliance Defending Freedom attorneys filed a federal lawsuit Thursday on behalf of a school counselor Kathy McCord

An Indiana counselor is suing a school district after allegedly being fired for refusing a transgender support plan.

Alliance Defending Freedom attorneys filed a federal lawsuit, Thursday, on behalf of a school counselor, Kathy McCord, who was fired for speaking out against the South Madison Community School Corporation [SMSC] gender identity policy. 

In August 2021, SMSC adopted the "Gender Support Plan" which required district employees to use names and pronouns for students that do not align with their sex assigned at birth. 

Alliance Defending Freedom attorneys filed a federal lawsuit Thursday on behalf of a school counselor, Kathy McCord, who was fired for speaking out against the South Madison Community School Corporation [SMSC] gender identity policy.  (iStock)

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South Madison counselors are required to use the Gender Support Plan form to document whenever a school started using a different name or pronouns for a student and to decide whether the school would notify a student’s parents. 

ADF alleges further that the policy did not require parental consent, or even parental notification, to change a student’s name and pronouns. 

On the form, students questioning their gender identity can mark if parents are aware of or are supportive of their gender identity status.

However, the school board has reportedly previously stated during a board meeting that the district's gender support plan is not withheld from parents and that any parent can access a copy. 

It also alleges that SMSC passed the policy without parental input and "without presenting the Gender Support Plan policy at a school board meeting or posting it on the district’s website."

In August 2021, SMSC adopted the "Gender Support Plan" which required district employees to use names and pronouns for students that do not align with their sex assigned at birth.  (Education Images/Universal Images Group via Getty Images)

"No educator should be fired for expressing her beliefs, especially when she speaks in her personal capacity, on her own time, and out of concern for her students," said ADF Senior Counsel Vincent Wagner. 

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"Yet when Kathy spoke out about South Madison’s controversial new policy, the school district did just that. Kathy knows that kids do best when schools and parents work together. But South Madison’s harmful policy leaves parents in the dark. South Madison violated Kathy’s rights by forcing her to contradict her religious beliefs and participate in this policy. Schools can’t keep secrets from parents about their children’s mental health and wellbeing."

McCord, a public school employee for over 35 years, felt that conforming to the policy was compelled speech and did not align with her religious beliefs.

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She also expressed disagreement with the policy with administrators. Allegedly, her supervisors told her she had no choice other than to support the Gender Support Plan policy.

Located in Pendleton, Indiana, SMCSC was established in 1992 as a charitable organization that is built with the donations of several individuals and governed by a citizen board. (iStock)

McCord was reportedly fired due to sharing the district's gender support plans with a publication that was edited and then allegedly later lying about it. 

Furthermore, when a reporter asked McCord about the Gender Support Plan, she allegedly expressed disagreement with the policy and stated that the policy requires staff to use a student’s pronouns that do not align with their biological sex.

Afterward, the school district superintendent questioned McCord about her interview with the reporter. Then, the school board voted to terminate her from her counselor position.

The South Madison Community School Corporation did not immediately respond to Fox News Digital’s request for comment.

Located in Pendleton, Indiana, SMCSC was established in 1992 as a charitable organization that is built with the donations of several individuals and governed by a citizen board.