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Photo credits: Preston Harrison
"I'm just trying to tell the truth and bring people to God. That's all there is. There are not any more genders than that. Biology teaches everybody about that," Schmidt said, according to a report on the student newspaper Branding Iron, where the transgender concerned is a reporter.
The incident ultimately led to the university placing a one-year sanction on Schmidt. While he is still allowed in other areas of the campus, he can no longer reserve a table in the UW student union until the spring of 2024. (Related: Transgender training is coming to your schools.)
In a campus-wide message sent on Dec. 5, UW officials said Schmidt "violated the university policy prohibiting discrimination and harassment," noting that "a line was crossed when a student was harassed by name." The religious advocate argued that the area serves as a public forum and that his message was not harassment but First Amendment-protected speech.
On Aug. 18, a federal judge ruled that UW "appears to be favoring one viewpoint over another." In a preliminary injunction, the U.S. District Court in Wyoming sided with Schmidt, ordering the university to not ban him from tabling on campus while the case proceeds.
According to U.S. Senior District Judge Nancy Freudenthal, the inclusion of the student's name was necessary for the Christian activist to fully express his opinion. "Schmidt's speech was expressive, with the intent to convey a particular message," the judge wrote. "Schmidt mentions Artemis Langford by name, but that is unavoidable, as the debate revolves around the propriety of a particular biological male participating in an activity – joining a sorority – traditionally reserved for biological females."
"Schmidt does not misgender Langford to denigrate her, but to debate a public issue," the ruling further included. "This is particularly true on college campuses because they are the 'marketplace of ideas.' While elementary and public schools prioritize the inculcation of social values, universities seek to encourage inquiry and the challenging of a priori assumptions," Freudenthal added. "Therefore, this Court finds that Schmidt's speech is protected free expression and not harassment or discriminatory conduct."
UW said in a statement that although it is disappointed, it will comply with the terms of the preliminary injunction while weighing on whether to keep defending its policy in court.
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