ARGYLE — A former teacher and coach is suing the Argyle School District, claiming violation of his religious freedoms after the district did not renew his contract more than a year ago. The alleged violation of English teacher and football coach Jordan Cernek’s rights came after the district implemented new policy rules requiring staff to use preferred gender names and pronouns in 2022-23. 

Cernek violated that policy throughout the year despite verbal and written warnings, claiming his religious rights. In May 2023, the school board voted not to renew his contract with the district.

Last month, the Wisconsin Institute for Law & Liberty (WILL) filed a federal lawsuit on behalf of Cernek for violating his Title VII rights, as well as his First Amendment right to Free Exercise of his religion under the United States Constitution and Article I, Section 18 of the Wisconsin Constitution. The complaint was submitted by WILL on July 3, 2024. 

In August 2022 at an in-service meeting, the Argyle School District announced a policy to require staff members to use the preferred names and pronouns of transgender students. According to WILL, Cernek attended the meeting and immediately voiced his objection to the policy based on his religious beliefs.

According to the lawsuit, shortly after the start of the 2022-23 school year, two transgender students in Cernek’s classes requested that staff refer to them using their preferred names.

Upon learning of these requests, Cernek informed then-District Administrator Mike Beranek of his religious objection to referring to these students by their preferred names. The lawsuit claims Beranek allowed Cernek to avoid referring to the student by name, but not long after, the accommodation was allegedly rescinded. Dr. Randy Refsland is the current District Administrator for Argyle schools and was unavailable for comment.

Throughout the first week of school in the fall of 2022, Cernek referred to all students by their given first names. By the end of that first week, Cernek received verbal notice that two biologically female students wanted to change their gender identity by changing their names. In the second week of school, Cernek met with one of the transgender students, the student’s father, who is also a teacher in the district, and Beranek.

“The district policy would force me to go against my conviction and commitment to God,” Cernek said in a statement. “I did everything within my power to accommodate the needs of my students without compromising my faith.”

Cernek was then threatened with consequences for not complying with the policy, up to and including termination, his lawyers said.

On Nov. 7, 2022, Cernek received a Letter of Expectation from the district. The letter, according to WILL, “unequivocally direct[ed]” Cernek to: (1) refer to students by the name consistent with their gender identity, (2) use the names consistent with students’ gender identity when creating substitute teacher class lists and seating charts, and (3) comply with all lawful directives from District Administration.

The letter also indicated that if Cernek did not adhere to the district’s demands, he would be subject to disciplinary action, up to and including termination.

To avoid acting contrary to his religious convictions, Cernek said he decided to continue acting according to the terms of his previous accommodation. The next day, on Nov. 8, 2022, Cernek responded to the Letter of Expectation indicating that he could not comply with the district’s demands due to his religious beliefs.

As part of this response, Cernek explained that he “only acted according to the rule of [his] conscience, which is governed and held accountable to God, the one to whom all creatures owe their allegiance. It is before God alone that we must all stand to be judged someday. It is he and he alone who initiates biological sex; human identity, value, and worth; and all truth. If my religious beliefs and personal liberty place me at odds with the School District of Argyle or even the United States Department of Education, so be it.”

Six months later, the district acted as promised and did not renew Cernek’s teaching contract for the 2023-24 school year. That was because of his religious convictions, Cernek and his lawyers claim, and not due to continually violating district policy.

“The dismissal of Jordan Cernek violates the First Amendment, Title VII, and Article I of the Wisconsin Constitution. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on religion,” the WILL press release said. “Mr. Cernek has suffered from discrimination, as his renewal was rejected solely due to his religious conviction. Additionally, the First Amendment guarantees Mr. Cernek the freedom to live according to his religious beliefs. Furthermore, the Wisconsin Constitution reaffirms the First Amendment’s religious protections and provides greater support for religious liberties.”

According to the lawsuit, in March 2023, Beranek verbally told Cernek that he would soon receive notice that the district was considering not renewing his teaching contract for the upcoming school year. On April 13, 2023, Cernek received a “Preliminary Notice of Considering Nonrenewal of a Teacher’s Contract” from the district. 

This notice explained that the reason for considering nonrenewal of Cernek’s teaching contract for the 2023-24 school year was that “the School Board has been advised that [Mr. Cernek’s] performance has been less that satisfactory.”

The Argyle School Board addressed whether to renew Mr. Cernek’s teaching contract at its board meeting on May 10, 2023. Cernek attended the meeting, as did the father of one of the transgender students. On a voice vote, the board unanimously agreed to not renew Cernek’s contract. In that same meeting, the board unanimously approved hiring Refsland to replace Beranek, who had turned in his resignation to the board in January 2023, with his last day with the district on June 30, 2023. Beranek is now the superintendent of the Wonewoc-Union Center School District.

“The reason for the Board’s vote not to renew Mr. Cernek’s contract was because he could not, due to his religious convictions, comply with the District’s policy requiring him to refer to transgender students using names and pronouns at odds with their biological sex,” the lawsuit states.

On July 24, 2023, Cernek inquired with the Equal Employment Opportunity Commission (EEOC) about filing a discrimination charge against the District. The EEOC scheduled and held an interview with Cernek on Feb. 6, 2024.

In March 2024, Cernek filed a discrimination charge against the district with the EEOC, alleging that the district did not renew his teaching contract because of his sincerely held religious beliefs. Cernek received notice of his right to sue from the EEOC on April 5, 2024.

WILL Deputy Counsel, Luke Berg, said his agency is proud to fight for individual liberties guaranteed by the constitution and federal law.

“There is no room for religious discrimination in our communities. It’s critical that we defend those across the country seeking to exercise their religion freely in America,” Berg said.

WILL Associate Counsel, Lauren Greuel, added that freedom of religion is a core liberty that the U.S. and Wisconsin were founded on. 

“Winning this case is critical, not just for our client, but for everyday Americans across the country,” Greuel said.

Among the outcomes the lawsuit seeks is Cernek’s reinstatement to the district with full back-pay, as well as nominal and/or compensatory damages including lost income and benefits, mental and emotional distress, loss of reputation and inconvenience, as well as cost of attorney’s fees and other relief the court might deem appropriate. 

Cernek was first employed with the school district in August 2021, teaching middle and high school English and Language Arts. He was the head football coach of Pecatonica-Argyle for one year. He is the current pastor at the Nora (Ill.) Community Church and now works for a local trucking company.

“From the beginning of my seminary training, I believed I was called to rural ministry. Nora is an unincorporated town in the middle of corn fields and dairy farms. While the cities certainly need Jesus, there is a huge market for Christ in all areas of the world,” Cernek wrote in his Reformed Baptist Seminary biography in April 2024. “Recently, I lost my job at the public school because I refused to go along with the farce of gender ideology (Even in our rural communities, this battle rages).”