Federal court hears case of prof fired after expressing views on treating kids with gender dysphoria

A former University of Louisville professor who was allegedly harassed and fired after speaking at a Heritage Foundation panel about children with gender dysphoria is challenging the school in court. 

Dr. Allan Josephson’s case, Josephson v. Ganzel, was discussed in the Sixth Circuit Court of Appeals, which held oral arguments on July 23. 

Josephson, a professor at the University of Louisville and a child psychiatrist, “spoke in his personal capacity in a [Heritage Foundation] panel discussion about his views on children experiencing gender dysphoria,” according to Alliance Defending Freedom (ADF), which is representing Josephson in court. 

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Shortly after the panel discussion, which took place in the fall of 2017, Josephson was demoted, then “ostracized, stripped of teaching duties, and subjected to other forms of hostility,” before finally being fired. 

“After he sued the school, a federal district court ruled in March 2023 that a jury should hear his claims that university officials retaliated against him for his constitutionally protected speech,” wrote ADF. 

During the Heritage panel, Josephson spoke out about the danger and irresponsibility of telling children they can “choose” their gender, something that can lead to life-altering surgeries that drastically change children’s bodies for life. He stated that “transgender ideology . . . is neglectful of the need for developing coping skills and problem solving skills in children.” 

ADF Senior Counsel Travis Barham highlighted in an ADF announcement that Josephson had a “long and distinguished career” at the school, supported Josephson’s First Amendment rights, and stated that “[u]niversities should welcome differing viewpoints and encourage civil discourse in their academic communities—and that includes professors.” 

In an interview with Campus Reform, Barham also described how Josephson was demoted shortly after his presentation at the Heritage Foundation, and how faculty created a “hostile work environment” for him. They “[harassed] him because they didn’t like the views he had expressed.”

“They did things like take away his teaching duties, take away . . . [his] patients, they began collecting complaints against him that they never really investigated . . . and then, in February 2019, they decided to terminate him.” All of these actions came despite Josephson’s earning “perfect marks on his annual reviews” in several years. 

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Barham also spoke about the long-term consequences of the case.

“If he wins then all professors of all persuasions, of all perspectives, win,” he said. “A victory for Dr. Josephson means that professors have the right to speak their mind in their personal capacity off campus. . . . without having to fear that university officials will later punish them for what they say.”

“If he loses, it means that professors all over the country have no free speech rights, and that’s a dangerous situation if we want to have a marketplace of ideas on our public university campuses,” Barham added. 

Campus Reform has contacted the University of Louisville and the Heritage Foundation for comment. This article will be updated accordingly.