Ohio teacher who was suspended for having LGBTQ+ books in her classroom loses her court case

A third grade math and science teacher in the village of New Richmond, Ohio, who was suspended last year for having books that include LGBTQ+ characters in her classroom lost her case against the school district in U.S. district court on September 29.

Karen Cahall was suspended for three days without pay in November 2024 for having the books such as “Ana on the Edge,” “The Fabulous Zed Watson,” “Hazel Bly and the Deep Blue Sea” and “Too Bright to See” in her classroom reading bins. 

A parent alerted the superintendent about the books in an email. The district then alleged that Cahall violated its “controversial issues” policy by making the books available to students.

Cahall, who has taught in the small Southwest Ohio village for over 30 years, filed a lawsuit against the district challenging her suspension. 

In his September decision, U.S. District Court Judge Douglas Cole dismissed the complaint. He argued that Cahall must have known the books were controversial because they were placed in the bins after teachers were banned from displaying LGBTQ+ flags, stickers and pins. 

“There is no question that, on the facts here, Cahall knew that the LGBTQ+-themed books that she placed in the classroom related to a ‘controversial issue,’” Cole writes. “Indeed, in her Complaint, she specifically notes that she added the books to her collection because of a ‘controversy’ surrounding LGBTQ+ topics, and she did so precisely because she thought that controversy damaging to the emotional health of LGBTQ+ students in her third-grade class.”

Cahall previously told The Buckeye Flame that she has a “deeply held belief” that “all children deserve the same level of love and respect.”

Cahall and her lawyer are currently exploring ways to move forward. 

“I don’t know what form that will take, if it will ultimately become an appeal,” she said. “I’m not ready to give up.”

What is a “controversial issue”?

New Richmond Exempted Village School District’s policy on controversial issues does not shed more light on the district’s concerns because the guidelines use vague language.

The district’s definition still does not provide examples or a clear definition of “controversy,” only noting that “opposing points of view” were proclaimed “by responsible opinion,” or “likely to arouse both support and opposition in the community.” The definition does not make clear what constitutes “responsible opinion,” or whether any issue with opposing viewpoints in itself is controversial even if one side is overwhelmingly supported over the other.

Cahall’s lawyer, Mark Herron, argued that two people can disagree on anything, and the policy needs to be specific in notifying what subjects are too controversial. The specificity would eliminate bias and prejudice in the decision making, which he said the current policy does not do.

In the district’s administrative guidelines, any books not pre-approved by the district must be reviewed by a school’s principal to determine whether they would “create controversy among students, parents, and community groups.” The Board must first determine whether the material is related to the course, students are mature enough for the material, and it does not “indoctrinate or persuade students to a particular point of view” before allowing it in the classroom.

But the controversial material could also be allowed if said material “encourages open-mindedness and is conducted in a spirit of scholarly inquiry.” It is unclear why any of Cahall’s books do not meet that definition.

Cahall’s complaint noted that the books in question were intermingled in a bin 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.

Elsewhere in the school, Herron said the district’s library had a collection of the Captain Underpants books – including a book in the series in which a character comes out as gay.

“Those books are featuring a gay character – is it controversial, or is it acceptable for it to have a book with a gay character?” he said. “The judge rejected that.”

Cahall said the suspension violated her religious freedom under the Equal Protection Clause of the 14th Amendment, and the “controversial issues” policy was too vague.

14th Amendment

Cahall stated the district treated her differently than other teachers, who were able to wear religious jewelry and promote religious events over email. 

The judge did not think the comparison worked.

 “If she had alleged … that the District knowingly allows teachers to make Bibles available to their students, … while preventing her from making other religiously motivated content available to her students, things may be different, but that is not what her Complaint alleges,” Cole wrote.

The judge dismissed Cahall’s complaint in regards to her Equal Protection claim and religious Free Exercise claim without prejudice, which means she could refile a complaint again on those same grounds. He dismissed the vague policy claim with prejudice, but Cahall could decide to appeal the ruling.

The New Richmond district’s new superintendent did not respond to requests for comment. 

The future for Cahall

News of the verdict was “extremely [disappointing]” for Cahall and her lawyer. Though they believe there is room for an appeal, they have until the end of October to make a decision.

For nearly a year, Cahall has still been teaching in the district while suing her employer. The experience has been “rough,” but she has seen an outpouring of support from her co-workers and the New Richmond community. Support has been both verbal and fiscal as over 400 people have donated to her GoFundMe to support her legal fight, reaching over $18,000.

“If it weren’t for [the fundraiser], I would’ve just had to hold up my hands and wave the flag of surrender,” Cahall said.

The fundraiser sparked an idea of a teachers’ legal fund, so other educators can afford to bring complaints like hers to court, she said.

“The good thing is when I’m in my classroom and I’m teaching, that really is my happy place,” Cahall said. “That’s where I’m meant to be.” 🔥

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