Lawsuit says school violated their First and Fourteenth Amendment rights
Two female law students at George Mason University have filed a federal lawsuit against the school for “silencing” them after they opposed a policy of putting tampons in men’s restrooms.
According to the Alliance Defending Freedom, after opposing the measure, third-year law students Selene Cerankosky and Maria Arcara received “no-contact” orders from the university “prohibit[ing] them from having any contact with [another] student.”
The ADF says George Mason “unlawfully” used its Title IX and Diversity, Equity, & Inclusion harassment policies against the students, violating their First and Fourteenth Amendment rights.
According to the complaint, Cerankosky and Arcara let their concerns be known in a law school GroupMe chat, whereupon a male classmate (pseudonymously “Mr. Doe”) “mocked” them and called their opinions “bigoted.”
The pair were never notified of any complaint against them, and two weeks after the chat they received the non-contact order regarding Mr. Doe. They say they were not given a chance to defend themselves.
The complaint notes Mr. Doe had “promoted LGBT events on campus” and claimed to be the “Law School/Student Representative” for the Graduate and Professional Studies Assembly.
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“Mr. Doe […] responded to Ms. Cerankosky and Ms. Arcara by labeling their concerns as bigoted, despite soliciting their opinions and initially promising to ‘advocate for all’ students,” the complaint reads. “He stated that their views of ‘one’s gender’ were just “a perception,’ and that it wasn’t any of their ‘business what gender someone identifies with, as, or if they identify with any at all.’
“He further mocked their concerns and beliefs by asking if a male ‘need[ed] to have a shaved head, have or not have certain anatomy, not wear makeup, dress a certain way, or fit a systemic stereotype of a ‘male.’”
Defendants in the suit include GMU President Gregory Washington, Chief Diversity Officer Sharnnia Artis, and Title IX Coordinator Thomas Bluestein.
ADF Senior Counsel Tyson Langhofer said “Selene and Maria respectfully voiced their opinion about biological differences between men and women and how the other student’s proposal blurs those lines at the expense of safety, privacy, and religious conviction. Because of this, their academic and professional careers are now in serious jeopardy.
“George Mason’s policy is far too subjective and allows university officials to punish students simply because their opinions about hotly debated social issues don’t align with their own.”
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