Navigating Pronoun Usage in Schools: A Complex Landscape of Rights and Policies

Issues of gender identity and pronoun usage in schools have become prominent legal and policy questions. Schools are increasingly encountering situations where a student may identify as a gender different from their sex assigned at birth and ask to be addressed by a new name or pronoun. At the same time, some teachers and staff have balked at using certain pronouns due to personal or religious beliefs. These scenarios raise questions under First Amendment free speech, free exercise of religion, Title IX (sex discrimination), and state laws regarding parental rights and school policies on gender.

Federal and State Laws: A Shifting Terrain

At the federal level, Title IX of the Education Amendments of 1972 prohibits sex-based discrimination in any education program receiving federal funds. The Department of Education, interpreting the Supreme Court’s decision in Bostock v. Clayton County (2020) (which held that discrimination “because of… sex” includes sexual orientation and gender identity in employment), announced that Title IX’s protections extend to discrimination based on gender identity. This interpretation meant that, as a matter of federal policy, schools should treat transgender students consistent with their gender identity. For example, intentionally and persistently using the wrong pronouns or name for a transgender student could be considered harassment or discrimination under Title IX if it creates a hostile environment.

However, this area is in flux. In 2025, the Trump administration issued Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which redefined “sex” in federal policy as an immutable biological classification determined at conception, thereby excluding gender identity from federal civil rights protections. This order rescinded previous guidance that recognized gender identity under Title IX and directed federal agencies to enforce sex-based rights and protections using the order's definitions.

On the other hand, a wave of state laws has introduced explicit rules about pronouns in schools. By mid-2023 at least 10 states (including Alabama, Arkansas, Florida, Indiana, Iowa, Kentucky, Montana, North Dakota, Tennessee, and Utah) passed laws restricting how teachers may address student gender identity or pronoun. These laws vary in approach. For instance, Alabama’s Senate Bill 184 (2022) primarily focused on banning gender-affirming medical care for minors but also made it illegal for school officials to “withhold” from parents that a student’s gender identity is incongruent with their sex at birth. This effectively requires Alabama school staff to inform parents if a student requests to go by a different pronoun/name. Arkansas’ House Bill 1468 (2023) mandates that teachers and school staff must obtain a parent’s permission before using any pronoun or name for a student that doesn’t align with the student’s sex as listed on their birth certificate. It also protects teachers from consequences if they refuse to use a student’s preferred pronouns, and even says students cannot be compelled to use a transgender classmate’s pronoun. Florida’s CS/CS/HB 1069 (2023) went as far as requiring public schools to establish that a person’s sex is an “immutable biological trait” and barring any requirement for people to use pronouns that don’t correspond to someone’s se. In other words, Florida law now explicitly tells teachers not to ask students their pronouns and not to deviate from biological sex in official usage. These laws are premised on a combination of free speech (teachers shouldn’t be forced to say things they disagree with), parental rights (parents should know and approve), and a rejection of what proponents call “gender ideology.”

The Situation in Georgia

Importantly, Georgia has not, as of early 2025, enacted a specific statewide law dictating pronoun use or addressing gender identity in K-12 schools. Bills were introduced (such as Senate Bill 88 in 2023) that would have, for example, required notification to parents if a student expressed a different gender identity and potentially restricted classroom discussions of gender identity. However, those efforts did not become law in Georgia. That leaves Georgia without an explicit statute on pronouns, but the issue is still present in Georgia schools. Local school districts have been handling requests on a case-by-case or policy basis. Some metro Atlanta districts have guidelines supporting transgender students (e.g., allowing name/pronoun changes in school records with parental consent), while others have taken a more conservative stance.

The Georgia Parents’ Bill of Rights (HB 1178, 2022) indirectly touches this area by declaring that parents have the right to direct their children’s upbringing and that information about the child should not be withheld from parent. While not specifically about pronouns, one could interpret that a school keeping a child’s gender identity change secret from parents might conflict with that law’s intent. This tension has not yet been tested in Georgia courts, but schools must be mindful of it.

Teachers' Rights and Religious Beliefs

Another dimension is the rights of teachers or professors when asked to use certain pronouns. Some have argued that being forced to use pronouns that don’t align with their view of a student’s sex is compelled speech or violates their religious beliefs. In higher education, the Sixth Circuit case Meriwether v. Hartop (2021) drew national attention: a Christian professor at a public university in Ohio was disciplined for refusing to call a transgender student by her female pronouns. He offered to use the student’s name only, but the university insisted on pronouns. The Sixth Circuit ruled in the professor’s favor, finding that his refusal was protected under the First Amendment’s free speech (and possibly free exercise) because his pronoun usage was part of his classroom speech on a matter of public concern (gender identity) and the university’s policy was not shown to be the least restrictive means to avoid compelling speech. The court emphasized that the university failed to demonstrate that enforcing its pronoun policy was essential to achieving its goals without infringing on the professor's constitutional rights.

By contrast, the Seventh Circuit in Kluge v. Brownsburg Community School Corp. (2022) came to a different outcome for a public high school teacher. Kluge, a teacher in Indiana, had religious objections to using male pronouns for a transgender male student; the school initially let him use last names for all students as a compromise, but that proved awkward and isolating for the student, and the school withdrew the accommodation. Kluge resigned under pressure and sued under Title VII (employment discrimination). The Seventh Circuit ruled that the school’s requirement was justified and that accommodating the teacher (by allowing him not to use pronouns) imposed an undue hardship on the school’s ability to provide an inclusive environment for the student. Essentially, the court found that the school could insist on the teacher using the student’s affirmed pronouns to prevent harm to the student, and this did not violate the teacher’s rights given the circumstances.

Recently, the case Vlaming v. West Point School Board (2023) was about Peter Vlaming, a Virginia high school teacher fired for refusing to use a transgender student’s preferred pronouns due to his religious beliefs. He sued, alleging violations of free speech, free exercise of religion, due process, and breach of contract under the Virginia Constitution. The Virginia Supreme Court (Dec. 14, 2023) unanimously reversed a lower court’s dismissal, finding Vlaming’s claims viable and remanding the case. A 4-3 split occurred on free speech and due process claims. In September 2024, the school board settled for $575,000, cleared Vlaming’s record, and revised policies. The case set a precedent for religious liberty and free speech in Virginia schools.

Student Rights and Litigation

Student litigation is also emerging. In several states without explicit pronoun laws, parents have sued school districts over policies that affirm transgender students. For example, lawsuits in Wisconsin, Maryland, and Virginia have argued that by using a child’s preferred pronouns or name at school without informing parents, the school is violating the parents’ constitutional right to direct the child’s upbringing (14th Amendment) or violating religious freedom if the parents object to the concept of gender transition.

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Conversely, transgender students (and allies) have sued schools that refuse to acknowledge their gender identity, arguing that this is discrimination and harms the student’s well-being. We see a patchwork: some federal courts have ruled that denying a transgender student the use of the restroom that matches their identity is unlawful discrimination (Grimm v. Gloucester County School Board, 4th Cir. 2020), which implies that misgendering a student could similarly be seen as unlawful harassment. But these issues have not all been decided by the Supreme Court. Notably, the Supreme Court in 2023 declined to hear a case (from the 3rd Circuit) that would have challenged a school policy of hiding a student’s gender identity from parents, leaving the lower court’s pro-school policy decision in place for now.

In higher education, public universities often have non-discrimination policies that include gender identity. A public university professor who intentionally misgenders a student might face discipline under campus codes of conduct, and whether the First Amendment shields them (as in Meriwether) may depend on the jurisdiction and specific facts. In K-12, a teacher’s refusal could be seen as disruptive or as violating the duty to comply with school directives. If Georgia had a case like that, it might invoke both the teacher’s rights and the student’s rights under Title IX-a complex clash that could end up in court.

Private schools, particularly religious ones, are generally free to set their own policies on these matters. A private religious school in Georgia could require that everyone use birth-assigned pronouns and could dismiss a teacher or student who insists otherwise, and that likely would not run afoul of the law (except possibly losing some government funding or triggering a private lawsuit under contract or state discrimination law if applicable). Charter schools in Georgia, being public, would have to navigate like other public schools-they cannot claim a religious exemption and must consider constitutional and Title IX obligations.

The Case of Katie Rinderle: A Reflection of the Current Climate

The case of Cobb County teacher Katie Rinderle in 2023 underscores the current environment. Rinderle was a Georgia public elementary teacher who read a picture book about a gender-nonconforming child (“My Shadow Is Purple”) to her 5th grade class. Parents complained, and the district fired her, arguing she violated policies on controversial topics. In a high-profile hearing, a tribunal agreed that Rinderle’s actions violated the school district policies and demonstrated a lack of judgment, but did not find her actions to be fireable offenses. However, the local school board and then the Georgia Board of Education upheld her termination. This incident, while not directly about pronoun usage, reflects how teaching anything related to gender identity in Georgia K-12 can be contentious. Rinderle has filed suit, claiming her firing was unlawful (raising issues of due process and free speech), so Georgia courts may soon weigh in on what constraints exist on discussing gender identity in class.

Practical Steps and Considerations for Schools

School administrators and educators should approach gender identity matters with empathy, consistency, and a clear understanding of the legal landscape (both current law and the potential for changes).

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In the absence of a statewide mandate in Georgia, each school district should consider creating its own policy on accommodating transgender and nonbinary students. This policy might outline how a student (or their parent) can request a change of name/pronoun in school records, how teachers will be informed, and how to handle facilities and other accommodations. It should also address parental notification: in Georgia, given the Parents’ Bill of Rights emphasis on not withholding information, a prudent approach is to involve parents from the outset if a minor student requests a gender identity accommodation at school. For instance, the policy might state: “Upon a student request to be addressed by a different name/pronoun, school counselors will meet with the student (and parent/guardian, unless there is a clear concern of student safety in doing so) to discuss the request and develop a support plan.” This ensures parents are part of the conversation, consistent with Georgia law, except in rare cases where there’s credible evidence that informing the parent could put the student in danger (schools might seek legal counsel in such exceptional cases).

Anticipate that issues of gender identity can be sensitive in the community. It helps to engage parents positively. If your school has a transgender student who is openly transitioning, working closely with that family is key. By involving the parent, you also reassure them that the school is taking care of their child. For the broader parent community, it may not be necessary or appropriate to announce a particular student’s situation (privacy must be respected), but general messaging about the school’s commitment to safety and non-discrimination can set the tone. If questions arise at school board meetings or PTA about “what is the school’s policy on pronouns?”, having a clear, written policy as mentioned above will allow you to answer transparently.

Stay informed about evolving laws. If the Supreme Court or the Georgia legislature issues new rules (for example, if Georgia in the future passes a law similar to those other states, or if the Supreme Court delineates parents’ rights in these matters), be ready to adjust policies accordingly. School attorneys or professional associations often provide updates.

The Broader Impact of Pronoun Restrictions

Restrictions on pronoun usage can have a detrimental impact on transgender and nonbinary students. As Michaelis-Peters said, concerns arise about students who may not feel safe at home to tell their parents and the school’s going to rat them out for wanting to be called a different name or different pronouns. Indiana is among at least 10 states that have enacted laws prohibiting or restricting students from using pronouns or names that don’t match their sex assigned at birth, a restriction that opponents say further marginalizes transgender and nonbinary students. Most of the laws were enacted this year and are part of a historic wave of new restrictions on transgender youth approved by Republican states.

The measures are creating fear for transgender students and sowing confusion for teachers on how to comply but still offer a welcoming environment for everyone in their classes. As Cheryl Greene, senior director of the Welcoming Schools Program for the Human Rights Campaign Foundation, which advocates for LGBTQ+ rights, said, the things that are passing are so vague and so hard to understand that teachers don’t know what to do, creating ambiguity and fear with educators because it’s not clear.

Mental health experts and advocates say that requiring parental consent or notification of pronouns forcibly outs trans students, who already face a high risk of bullying and abuse. Jillian Spain, who teaches social studies at a middle school in Yanceyville, North Carolina, said she’s continued to address her students by the names and pronouns they use. Spain said outing a child, which is what the law would do to transgender and nonbinary students, “is not in the job description.” Spain said the fear of being outed just adds to the pressures students already face, especially after the COVID-19 pandemic that devastated their well-being and academics. Spain said she is absolutely never, ever, ever going to out a child, adding that school is supposed to be their safe place, a place where they can be who they truly are.

Teachers’ groups say educators have been given little to no guidance on how to comply with the new restrictions, including basic steps like how to get permission from parents of students who use pronouns or names not listed on their birth certificates. The state’s teachers union says Indiana’s new parental notification law, which also bars teachers from providing instruction on human sexuality to students from pre-K through the third grade, is aimed at a problem that doesn’t exist. Indiana State Teachers Association President Keith Gambill said that teachers are worried that it will create confusion and additional administrative burdens in an already demanding educational environment.

Chris Hartman, director of the Fairness Campaign, the state’s highest-profile LGBTQ+ advocacy group, said that Kentucky’s new law, which says teachers and school staff cannot be compelled to use a student’s pronouns if they don’t “conform to the student’s biological sex,” allows educators to ignore students’ wishes about pronouns even if their parents have asked the district not to let it happen. Hartman said the mental health impact on trans kids being willfully misgendered by the adults in the room is disastrous, adding that supportive adults are crucial to keeping transgender students from slipping into depression and considering suicide.

Caston Peters said they think other students will suffer because of Indiana’s law, stating that school is supposed to be a safe spot for us where we can be ourselves without having to deal with being called out, without being bullied or name-called or anything like that, and that for some of us being able to be called the name or pronouns that we prefer it’s something we need.

The Importance of Gender-Inclusive Spaces

Moving beyond the him/her binary, trans, nonbinary, and gender expansive communities in particular have advocated for 1) the use of gender neutral pronouns like they/them and neopronouns (new pronouns) such as ze/zir; and 2) the voluntary sharing of pronouns to avoid relying on assumptions about gender identity when interacting with others. Personal pronouns are the words we use to refer to one another in multiple tenses without using proper names (she/her/hers, for instance). In English and in many other languages, pronouns are gendered. In these languages, gender is the only direct information pronouns contain. They’re also binary, assuming that there are only two genders: male and female. In languages with gendered pronouns, pronoun usage centers binary gender identity in conversation, in writing, and in our thought processes about ourselves and one another (Prewitt-Freilino, Caswell, & Laakso 2012).

Pronouns thus have a lot to do with gender identity. Gender identity can come from sex assigned at birth and inferences by others based on assumptions about what a certain gender should look or act like. This is known as gender attribution. Some people identify with a gender other than that which was assigned at birth. In this case, they may wish to use pronouns for the other gender in the binary. Additionally, though, trans, nonbinary, and gender expansive communities have advocated for a more expansive menu of pronouns to better reflect the range of gender identities or to reject the gender binary altogether.

Gender attribution and gender expression are not always aligned when it comes to pronoun usage. The research is clear that those experiencing a mismatch between gender attribution and gender expression (also known as misgendering) are more likely to experience depression, anxiety, suicidal ideation, and other negative mental health outcomes (Becerra-Culqui, Liu, & Nash 2018; Ehlinger, Folger, & Cronce 2021; Kapusta 2016; Mclemore 2015). By contrast, the use of names and pronouns that accurately reflect gender identity decreases those negative outcomes (Russell, Pollitt, Li, & Grossman 2018; Vance 2018). Misgendering is so impactful for our students because it’s tied to broader patterns of discrimination in society and to the disproportionate violence and family exclusion trans and gender nonconforming people face.

As we seek to create inclusive classroom spaces where students feel seen, heard, and ready to learn, it’s important to use the pronouns that accurately reflect a student’s gender identity. As instructors, there are things we can do to create gender-inclusive spaces in our classrooms. The first is to create space for students to safely express their gender identities in the learning environment. When those in the learning community feel confident sharing pronouns, instructors and students have the information they need to respect the gender identity of others. The second is to signal gender-inclusive values to students and establish effective community guidelines for respectful and healthy communication across social differences. Students do not tend to enter spaces assuming they are inclusive; rather, they look for cues.

Navigating the Challenges and Concerns

Teachers who spoke with Education Week said the laws risk endangering trusting relationships they have with their students and hyper-politicizing the teaching profession, which they say could dissuade prospective teachers from opting for a career in education.

Nick Archuleta, a former high school teacher in Bismarck, N.D., and president of North Dakota United, the state’s teachers’ union, said the North Dakota law, which Republican Gov. Doug Burgum signed May 8, takes away local control and threatens teacher-student relationships. Archuleta said that good education is predicated on good relationships, and that we want students to be able to trust their teachers and counselors about things that may be problematic for them at home.

Samantha Wood, a high school English teacher in the Noblesville school district, is worried about teachers’ ability to follow the newly passed law while still respecting their students’ identities. Wood cited a 2023 Trevor Project survey that found that transgender students who reported that their school respected their gender identity were less likely to attempt suicide. Wood fears that this particular law is going to cause that number to go up.

Brian Kerekes, the math teacher from Osceola County, said that if students who identify in various ways or who are not sure how they identify may not see any classroom as a safe space, that could exacerbate the mental health issues we’re already having in our schools.

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