MPS sued by former counselor after termination for anti-trans statements

MILWAUKEE (CBS 58) -- Former Allen-Field Elementary School counselor Marissa Darlingh filed a lawsuit against Milwaukee Public Schools Wednesday morning for her termination after a video shows her stating she would not support transgender students.

Darlingh is arguing that her First Amendment was violated.

In a feminist rally back in April, Darlingh is shown in a video saying she would not allow any of her students to transition.

"Not one of my students under my f****** watch will ever, ever transition socially, and sure as hell not medically," said Darlingh.

In June, she was put on administrative leave for violating several MPS administrative policies, putting her license in question by the Wisconsin Department of Public Instruction. When the school year started, Darlingh was fired.

Her attorney, Luke Berg, said his client did no wrong.

"Nothing that Marissa did or said actually violated any of those policies- there's no policy that says employees can't speak," said Berg.

In a statement from MPS, Director of Communications and Marketing Nicole Armendariz said:

"Milwaukee Public Schools stands behind its decision to terminate Ms. Darlingh and will defend its actions through the legal process.

At a public rally, Ms. Darlingh identified herself as representative of MPS and declared her refusal to provide mental health services in her role as a school counselor. She proceeded to engage in a vulgar, insensitive, and disrespectful tirade aimed directly at the students in her care.

MPS will not tolerate staff who target and marginalize students on the basis of their sex. The comments made by Ms. Darlingh run counter to the District’s commitment to provide a safe and supportive learning environment for all students."

First Amendment expert Howard Schweber believes Darlingh's lawsuit won't hold in court.

"If the teacher stated that it was just a personal opinion, its not protected. If it is found to address a matter of public concern, then it might be protected. But in this case, probably not, because she specifically said she intends to do her job in a certain way that would be contrary to school policy and that is something the school is entitled to react to," said Schweber.

Trans advocate Bex Streit, of MKE LGBT Community Center, said the former counselor's statements only do harm for the trans youth community.

"Having comments saying, 'you're definitely not going to transition under my watch,' anything along those lines is incredibly harmful because it makes that young person feel even worse about themselves," said Streit.

According to the National Library of Medicine, 40% of trans people have attempted to harm themselves. The suicide rate is highest among trans youth.

In response, Darlingh said, "Anybody who feels like they've been negatively impacted, they're welcomed to come and talk to me, and I'll issue an apology for anybody who was hurt by my words."

The Wisconsin Department of Public Instruction said the investigation on Darlingh's teaching license is still ongoing.