Star Tribune
Principal’s LGBTQ+ advocacy not protected by discrimination law, judge rules
A federal judge ruled this week that a middle school principal being an ally for LGBTQ rights does not mean she gets the legal protections of someone in a marginalized group.
U.S. District Court Judge Patrick J. Schiltz on Wednesday dismissed a lawsuit filed by Mary Kay Thomas against the school board of Marshall, Minn.
Thomas, formerly a principal in the Marshall school system, sued in 2021 after she said she had been discriminated against because she advocated on behalf of LGBTQ students. She said she faced opposition after ordering a Pride flag hung on the walls of the school cafeteria, and after she helped students establish a Gay‐Straight Alliance.
Schiltz, in his judgment, accepted that Thomas, after her advocacy, was disciplined via suspension, asked to resign and eventually assigned to an administrative position — created just for her — in a small, windowless office.
However, Thomas, as a “straight, cisgender woman,” falls outside of the categories protected by Title VII of the Civil Rights Act, Schiltz argued. Title VII protects employment discrimination based on race, color, religion, sex and national origin.
“Thomas was discriminated against because of what she advocated, not because of her sex — because of what she said, not because of who she is,” he wrote in his judgment.
He also said that Thomas could not provide an example of a specific instance of anti-LGBTQ discrimination. Her advocacy against bigotry present in broader society was not protected by Title IX of the Civil Rights Act. Title IX aims to prevent discrimination in education, the judge said.
Jeremy Williams, school superintendent for Marshall, welcomed the court’s decision, calling it “well-reasoned” in an emailed statement.
As well-wishers flocked Officer Ikran Mohamed, 4-year-old Amira Shafii raised her little arm in a proud salute — her auntie’s new police cap perched lopsided on her head. The ‘junior officer’ cracked a smile.
Mohamed, dressed in a black hijab, adjusted her newly pinned badge with henna-laced hands. She’d just become the first Somali woman to ever join the Minneapolis Police Department.
“I want to be a role model for girls who look like me, so they can say ‘I can do it, too,” Mohamed, 23, told reporters Thursday night following a graduation ceremony honoring 11 new recruits and 12 lateral hires from other Minnesota law enforcement agencies.
“I’m just very excited to be here and represent my people and my community.”
Amira Shafii, 4, goes around saluting friends and relatives for photos wearing the police uniform cap of her aunt, officer Ikran Mohamed, who became the first Somali woman to become an officer with Minneapolis Police Thursday, Sept. 26, 2024 at the American Indian Center in Minneapolis, Minn.. ] AARON LAVINSKY • Aaron.lavinsky@startribune.com (Aaron Lavinsky/The Minnesota Star Tribune)
Mohamed immigrated to the United States from Kenya when she was 10 years old. She previously worked as a corrections officer in Steele County.
Beside her, 27-year-old Officer Lesly Vera also had the power of representation on the mind. Vera became the first non-citizen to serve on the police force Thursday, marking a significant victory for immigration advocates.
Although thousands of lawful permanent residents and DACA recipients already serve in the United States military, many states maintain citizenship requirements for those seeking to become a licensed police officer. But in recent years, as law enforcement agencies across the nation have struggled to replenish their ranks with qualified candidates, a growing number have eliminated that requirement.
In 2023, at the recommendation of the Peace Officers’ Training Board, the Minnesota Legislature changed state law allowing for applicants who are either citizens or “eligible to work in the United States under federal requirements.”
“The Republican Party would be far better off with him losing this round and having a Democrat in for two years,” Scheffler said.
The 6B district include the cities of Baxter, Breezy Point, Jenkins, Nisswa, Pequot Lakes and all but one precinct in Brainerd. That one precinct is included in District 6A, which is represented by Davis’ brother, Rep. Ben Davis, R-Merrifield, who is seeking a second term this election.
Davis said he doesn’t like being caught in the middle of a political dispute. His intention in signing the petition in June wasn’t about endorsing any candidate, he said.
“People are tired of the two-party system,” Davis said. “Why not give a third option?”
An elderly Minnesotan died earlier this year after a bat exposure at home in the western part of the state resulted in a case of rabies.
The Minnesota Department of Health announced the death Friday, following confirmatory testing on Sept. 20 of the rare infectious disease by the Centers for Disease Control and Prevention.
The case is the ninth on record in Minnesota since 1917, and the fourth since 2000. Seven of the infections were fatal.
State health officials said the death does not indicate a heightened risk to the public, but urged people as always to avoid contact with bats, which are responsible for 70% of U.S. rabies cases. State Public Health Veterinarian Dr. Stacy Holzbauer also reminded people to seek rabies vaccinations for household pets and livestock.
Rabies is treatable with an immune globulin injection plus four doses of rabies vaccine to boost the immune system, but only if treatment is started before symptoms emerge. Otherwise, the disease is almost always fatal.
The state said the victim is older than 65 and was exposed to a bat in July. The investigation into the infection is ongoing, but family members reported that a bat had been in the house and that the victim had killed a bat. The individual did not receive rabies treatment before symptoms emerged.
Public health workers were following up to determine whether close relatives or health care workers who treated the victim had been exposed to the virus.
The state encouraged people to contact health care providers or the health department after any physical contact with bats, because their bites can sometimes leave only small or unnoticeable marks. Bats can be tested for rabies if captured to determine whether people need to initiate treatment.
