Meriwether Case of Administration Persecution

Access Data

• NICHOLAS K. MERIWETHER v. FRANCESCA HARTOP et al., with JANE DOE; SEXUALITY AND GENDER ACCEPTANCE as Intervenors-Appellees.
  
• Alliance for Defending Freedom's Travis C. Barham and others for Meriwether. D.C. Jenner and Block partner Adam G. Unikowsky for Intervenors. Notre Dame Prof. Gerard V. Bradley for an amicus. Lots of amici.
• No. 1:18-cv-00753—Susan J. Dlott, District Judge.
• Argued: November 19, 2020.

Decided and Filed: March 26, 2021.

• Before: McKEAGUE, THAPAR, and LARSEN. Opinion by Thapar.

Summary

Twenty-year veteran Shawnee State philosophy Professor Nicholas Meriwether responded to a male student’s question by saying, “Yes, sir.” After the class, the student approached Professor Meriwether, stated that he was transgender, and demanded that the professor refer to him as a woman, with feminine titles and pronouns, in accordance with university policy. Meriwether refused, even after the student threatened to sue and the University turned to its Title IX office and put a disciplinary letter in Meriwether's file and threatened him with possible future dismissal. Meriwether proposed various compromises, which were all rejected eventually.

Meriwether sued in federal court, alleging that the university violated his rights under: (1) the Free Speech and Free Exercise Clauses of the First Amendment; (2) the Due Process and Equal Protection Clauses of the Fourteenth Amendment; (3) the Ohio Constitution; and (4) his contract with the university. The district court referred the case to a magistrate judge Karen Litkovitz. Doe and Sexuality and Gender Acceptance moved to intervene, and the magistrate granted their motion. Defendants and intervenors filed separate motions to dismiss. The magistrate recommended dismissal. The district court judge, Susan Dlott, agreed. Meriwether appealed everything except for dismissal of his equal protection claim, and won on everything except Due Process 3-0 in the Sixth Circuit, which remanded the case to Judge Dlott. The Sixth Circuit said the university violated his free speech and free exercise rights were violated if the facts were as he alleged them, but declined to find a violation of due process for vagueness given how clear the university's orders had been made to him.

Documents

• The Complaint, S. Dist. Ohio (February 5, 2019).

• Motion to Intervene, S. Dist. Ohio (May 9, 2019, M.J. Litkovitz) This is interesting as a long opinion granting a contested motion to intervene. It does not address whether the intervenor has the right to remain anonymous as "Doe".

• 6th Circuit appellate opinion (March 26, 2021, Thapar, J.)

• District Court Order Adopting Report and Recommendation, S. Dist. Ohio (February 12, 2020, Dlott, J.).