An administrative law judge Monday backed a Miami-Dade County teacher who reportedly told a transgender student that, “I’m a Christian, and my God made no mistakes” while refusing to call the student by preferred pronouns.
Judge John Van Laningham said the state Education Practices Commission, which can discipline teachers, should exonerate Yojary E. Mundaray on allegations of wrongdoing stemming from the December 2019 incident at Jose de Diego Middle School. The Miami-Dade County school district terminated Mundaray, a science teacher, in June 2020 after a complaint about the incident, VanLaningham wrote.
The incident started when Mundaray reprimanded the student, who was identified at birth and in school records as a female, for what the judge described as “routine classroom horseplay.” The student then privately told Mundaray that he was transgender, identified as male and wanted her to use masculine pronouns when addressing him.
Mundaray said she could not do that because of her Christian beliefs, which led the student to reply, “I think God made a mistake,” Van Laningham wrote.
The teacher then said, “I’m a Christian, and my God made no mistakes,” according to Monday’s decision.
Mundaray was accused of imposing her religious views on the student, but Van Laningham refuted that allegation and wrote that the “case is not about proselytizing but about transgender ideology.” Van Laningham referred to the student by the pseudonym “Pat” and with female pronouns. Other documents in the case referred to the student by the initials S.S.
“Given that Mundaray made no attempt to force Pat to accept, conform to, or even acknowledge any Christian doctrine, the allegation that she imposed her personal religious views on Pat is untrue,” Van Laningham wrote. “At most, Mundaray expressed her view that God is inerrant, which is about as anodyne a theological statement as one could make. Further, she did so only in defense of the God she worships. Surely, such cannot constitute a disciplinable offense in a country whose foundational principles include religious freedom.”
In a footnote, Van Laningham referred to a “new secular faith” of “transgenderism.”
“Advocates of transgenderism can be as doctrinaire as religious zealots these days,” the judge wrote. “As this case demonstrates, adhering to the traditional view that gender is biologically determined can get a person excommunicated, from a job in this instance.”
Also, he pointed to a law that Gov. Ron DeSantis and the Legislature approved this year that established a policy for schools that “a person’s sex is an immutable biological trait and that it is false to ascribe to a person a pronoun that does not correspond to such person’s sex.”
“In short, had the incident with Pat occurred today, instead of three years ago, Mundaray would have been protected against the significant loss she suffered simply for refusing to do what the law now deems ‘false,’” the judge wrote.
A complaint filed against Mundaray by the state said the Miami-Dade school district conducted an investigation after receiving a complaint from a parent of the student. It said the investigation found probable cause that Mundaray violated school-board policies, leading to the termination.
“On or about December 20, 2019, respondent (Mundaray) imposed her personal religious views on S.S., a sixth-grade student,” the complaint said. “When S.S. informed respondent that he identified as a boy, respondent told S.S. that God created him as a girl and does not make mistakes, or words to that effect, causing S.S. to become upset and/or cry.”
Allegations against Mundaray included that she was guilty of “personal conduct that seriously reduced her effectiveness as an employee of the school district” and that she violated principles of professional conduct, the complaint said.
When probable cause is found, the education commissioner is required by state law to pursue the allegations. Ultimately, the Education Practices Commission could take a range of disciplinary actions from issuing a reprimand to suspending or revoking teacher certification.
Under administrative law, Van Laningham’s ruling is a recommended order that will go to the Education Practices Commission for a final decision.
–Jim Saunders, News Service of Florida
Brian says
This crap is getting goofy. Children born as male are BOYS and children born as female are GIRLS. If either one wishes to pretend to be something else, then they can play make-believe on their own time, but there should be no expectation for teachers, school systems or anyone else to comply with or conform to these fantasies.
Laurel says
I think God made a mistake with both Mundaray and Van Laningham. That woman is no teacher, and how dare she speak to a child that way? She is simply being cruel, and the judge, and her, are more interested in being right than being empathic to a child. Both should find new jobs, especially jobs that are not around kids.
Whiplash says
I can only imagine the confusion in a classroom if multiple students insist on a teacher using their preferred pronoun! The woke nonsense needs to stop!
Deborah Coffey says
It’s not goofy unless you believe SCIENCE is goofy.
R.S. says
Hmm. Her god is not necessarily my or anyone else’s god, is it? Hindus have some 30,000 gods; they’re all wrong and this teacher has got the right one? Geez! And if we grant for the moment that her god is the mover of heaven and earth indeed, what about that assertion that “he” or it or she makes no mistakes? Sharks get a new tooth whenever they lose one of them. Why then–if that god makes no mistakes–do I have to pay for my third set and the shark gets it free? And I’m made in the image of god, after all? And is it not a kind of mistake to increase the furor and frequency and radii of hurricanes when her god could just simply speak a word of power and still these people-eating and inundation providing monsters–the teacher believes her god to be an omnipotent powerhouse, no? And why does this flawlessly right acting god let this planet slowly turn into a frying pan–if he/she/it makes no mistakes? And when next one witnesses the birth of an anencephalic monster, should we acquiesce in believing that that was then not a mistake? I think that this teacher is not religious; she is simply stupidly and disastrously unaware of the world that she lives in. As such an ignoramus, she is clearly not qualified as a teacher. Regardless of whether a person can experience a gender change biologically, it is everyone’s right to pusue life. liberty, and happiness; our Constitution says so.
R.S. says
So you don’t believe that everyone is free to pursue life, liberty, and happiness–unless it’s on your terms?
JimboXYZ says
Address that student by their name or in this case initials, that will solve the problem of pronouns. Whatever they identify as they can figure that out for themselves. When it’s an individual, call them by their name, then they can’t be offended and create drama when they disrupt class with horseplay.
joseph Falis says
Simple solution: Address each student as ” student ( last name )” . Label all lavatories ” Student” or ” Staff ” Too simple huh ? Who knew Biology could be so complicated and the ” English ” language so confusing. The brain does not fit the body. Leave it all to the Psychiatrists and Lawyers .
Laurel says
Whiplash: As Buddha sat under the bodhi tree, a seeker of wisdom asked him “Who are you?” The Buddah said ” Tell them I am the one who woke up.”
With time and thought, many more will wake up too. To condem, or to redefine the word “woke” is not the way.
Sherry says
Thanks Joseph,
It seems being logical and reasonable has gone by the wayside, especially with far right “Christian Soldiers” such as this teacher. The desantis fascist playbook creates these kinds of results.
joseph falis says
Creating chaos seems to be an objective of Trumpism.
Sherry says
@Joseph. . . you are so right, trumpism, fascism, communism, nazisim are all begin with division and chaos!
“United We Stand. . . Divided We Fall”!!!
Putin is licking his vile chops. . . and, the far right extremists are doing their best to serve up our entire democracy!
Save our country! Vote Democratic!!!