A physician assistant in Michigan who refused to refer her patients to receive transgender drugs and surgeries has won her religious discrimination case in the U.S. Court of Appeals for the 6th Circuit.
Valerie Kloosterman, who worked at Michigan Health for 17 years, was fired in 2021 after the University of Michigan Health System acquired her clinic and discovered her views on gender and sexuality. Her views came under fire after the University of Michigan mandated a diversity and inclusion training. Kloosterman believed that participating in the training would infer that she affirmed statements regarding LGBTQ ideology that contradicted her Christian beliefs, including using pronouns that do not align with a patient’s biological sex and assisting patients in obtaining sex-altering treatments. Seeking a religious accommodation, she spoke with the office manager of her clinic, who referred her to the Hospital’s Department of Diversity, Equity, and Inclusion (DEI).
In a meeting with the HR director, the DEI program director and a nurse serving as a human resources liaison for her, Kloosterman explained that she could not use pronouns and refer patients for gender reassignment surgery, due to her faith and medical judgment.
The program director called her “evil” and then a “liar” for saying that she never received complaints from her LGBTQ patients whom she served. He informed her that “she could not take the Bible or her religious beliefs to work with her … and that she was abusing her power as a healthcare provider to manipulate patients,” according to a press release.
Kloosterman was given a letter of termination from the hospital’s president on Aug. 24, approximately a month later. The human resources liaison informed her that her refusal to refer patients for gender transition procedures and use preferred pronouns led to the decision of her firing.
In October 2022, First Liberty Institute filed suit on her behalf for First and 14th Amendment violations.
The 6th Circuit Court of Appeals ruled that Michigan Health’s move to change the forum to arbitration came too late and “defendants may not play ‘heads I win, tails you lose’ by keeping arbitration in reserve just in case.”
“Today’s decision is a reckoning for institutions that discriminate and punish caring people of faith like Valerie Kloosterman,” said Kayla Toney, counsel at First Liberty. “It was intolerant of University of Michigan Health to fire Valerie because of her religious beliefs, and now the 6th Circuit has recognized that they cannot avoid accountability by hiding the case in arbitration.”
Kevin Wynosky, an associate at Clement & Murphy who argued the case at the 6th Circuit, applauded the decision, saying that ruling “ensures Valerie will receive her day in court. Valerie loves her community and her job. She was devastated when University of Michigan Health officials derided her beliefs and fired her after 17 years of dedicated service.”
Transgender procedures for minors are coming to a halt at Michigan Health, which recently announced that such treatment would no longer be offered for those under 19.
