Ohio teacher sues district after she was suspended for having books in her classroom with LGBTQ+ characters

A teacher has sued New Richmond Exempted Village Board of Education after the superintendent suspended her for three days without pay for having four books in her class library with LGBTQ+ characters.

The case was filed on Monday, Dec. 2. The filing alleges that the school district and Superintendent Tracey Miller violated Karen Cahall’s rights under the Equal Protection Clause of the 14th Amendment by suspending her.

A third grade math and science teacher in the Southwest Ohio village for 34 years, Cahall was suspended on Nov. 6 for having the books “Ana on the Edge,” “The Fabulous Zed Watson,” “Hazel Bly and the Deep Blue Sea” and “Too Bright to See” available to students. A parent emailed the superintendent complaining about the four books being present in bins with other books.

“This is not a situation I thought I would find myself in at this stage of my career,” Cahall told The Buckeye Flame. “I just am looking at having this resolved in a way that’s fair.”

According to the complaint, the books in question were intermingled with 100 other books, were not prominently displayed, were not required reading and were not part of any of Cahall’s instructional plans. Further, none of the books describe any sexual conduct or sexual activity.

Cahall doesn’t think students have even read any of the four books.

“I’m a math/science teacher who has always kept a library in my room for kids to pick up books when they have free time or when they want to read them,” Cahall said. “I do not believe [those four books] have even been read at this point.”

Still, Miller told Cahall that the very presence of the four books ran afoul of Board Policy 2240, which only permits teachers to use “controversial issues” in the classroom if they are related to instructional goals and do not intend to “indoctrinate or persuade students to a particular point of view.”

In Miller’s disciplinary letter to Cahall, Miller alleged:

• Cahall acknowledged that the materials were controversial. (“My exact words were that they would be controversial to some people,” Cahall clarified.)
• Cahall had previously asked for these books be placed in the library but was denied.
• Cahall did not seek permission to place these four books in her class library.

The Buckeye Flame reached out to Superintendent Miller and did not receive a response. 

“I also know that based on your experience in this community you understand the values that many hold,” Miller wrote to Cahall. “This too should have informed you of the controversial nature of some of the topics in these books. The Board of Education has made it clear that it values parental input and instills the values of the community in the programming of the District.”

In that letter, Miller then threatened Cahall with further action—including termination—if she continued to house those books in her classroom.

“I honestly love my job and the thought that I could lose it over this is just heartbreaking to me,” Cahall said. “And I really want to do everything I can to prevent [my termination] from happening while, at the same time, trying to make a positive change.”

14th amendment

Cahall’s lawsuit argues Board Policy 2240 is unconstitutional because it is “unconstitutionally vague” and violates the Equal Protection Clause.

New Richmond’s “controversial issues” policy does not define what a “controversial issue” is, nor what counts as an “instructional program.”

“Because [the policy] allows for arbitrary and discriminatory enforcement, [it is] in violation of the clearly established due process protections provided by the 14th Amendment,” the filing reads.

The filing further argues that Miller relying upon “the values that many hold” in “this community” does not hold water given New Richmond’s specific history around LGBTQ+ support. 

In 2021, the board pushed through a ban on the display of rainbows in middle school classrooms despite emotional testimony from the public decrying how discontinuing support for LGBTQ+ students could be potentially deadly.

“While it can be acknowledged that others within the New Richmond School District community may have sincerely held moral and religious beliefs that are different from those of [Cahall] with respect to members of the LGBTQ+ community and LGBTQ+ issues…the Equal Protection Clause…prohibits [Miller] from showing official hostility towards any religion or religious viewpoint – including those of [Cahall] – and further prohibits them from aiding, fostering, or promoting one religion or religious viewpoint over another,” the filing said.

‘Deeply rooted beliefs’

The lawsuit contends that Cahall holds “sincere and deeply rooted moral and religious beliefs” that all children, including LGBTQ+ children and parents, “deserve to be respected, accepted and loved for who they are.”

Although this religious liberty stance is often used to argue against LGBTQ+ equality, here Cahall argued that her beliefs reinforce her approach.

“It is a deeply held belief of mine that all children – all children – deserve the same level of love and respect, and that’s why I couldn’t let this go,” Cahall said. “The fact that mentioning that some families have same sex parents is taboo is something that needs to change.”

Further, Cahall’s suit argues that she isn’t the only one in her school setting sharing her deeply rooted moral and religious beliefs. Administrators and teachers have repeatedly used their official New Richmond School District email addresses to promote “various religious or faith-based events” to other district staff and administrators.

One such event was the “Blessing of Monroe,” where participants were invited to pray in the school building before the new school year began. 

Cahall’s lawsuit is seeking compensatory damages, a ruling that Board Policy No. 2240 is unconstitutional and an injunction on this policy being enforced again in the future. 

Cahall is unabashed about her love for her colleagues (“the most loving, hardest working, best people”), her students, their families and the school district where she has worked for over three decades. It is because of that love that Cahall felt that she had to file this lawsuit.

“All families deserve the same level of love and respect, no matter their configuration,” Cahall said. “Their children deserve to be loved and represented. I wouldn’t be doing this if I didn’t think I could make this better.” 🔥

Editor’s note: This piece was updated to reflect Karen Cahall’s response to Miller’s accusation that Cahall knew the materials would be controversial.

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