KLUGE v. BROWNSBURG COMMUNITY SCHOOL CORP.

No. 21-2475.

64 F.4th 861 (2023)

John M. KLUGE, Plaintiff-Appellant, v. BROWNSBURG COMMUNITY SCHOOL CORP., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 7, 2023.


Attorney(s) appearing for the Case

Michael J. Cork , Attorney, Michael J. Cork, Esq , Indianapolis, IN, Rory Thomas Gray , Attorney, Alliance Defending Freedom, Lawrenceville, GA, John J. Bursch , Attorney, Alliance Defending Freedom, Washington, DC, for Plaintiff-Appellant.

Brent R. Borg , Attorney, Church, Church, Hittle & Antrim, Fishers, IN, Alexander P. Pinegar , Attorney, Church, Church, Hittle & Antrim, Noblesville, IN, for Defendant-Appellee.

Patrick Elliott , Attorney, Freedom From Religion Foundation, Madison, WI, for Amicus Curiae Secular Student Alliance.

Kenneth J. Falk , Attorney, American Civil Liberties Union of Indiana, Indianapolis, IN, for Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Indiana.

Michael J. Lanosa , Attorney, Covington & Burling, LLP, Los Angeles, CA, for Amici Curiae National Association of Social Workers, American Academy of Pediatrics, Indiana Chapter of the American Academy of Pediatrics, American Medical Association, Indiana Youth Group, Inc.

Jason Lee , Attorney, Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, Nicolas Riley , Attorney, Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Amicus Curiae United States of America.

Before Rovner, Brennan, and St. Eve, Circuit Judges.


John M. Kluge brought a Title VII religious discrimination and retaliation suit against Brownsburg Community School Corporation ("Brownsburg") after he was terminated from his employment as a teacher for refusing to follow the school's guidelines for addressing students. Brownsburg requires its high school teachers to call...

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