Former Austin fire chaplain sues city for firing over blog posts; judge hears case

AUSTIN, Texas – A federal judge heard arguments in the case of a former volunteer chaplain with the Austin Fire Department who sued the city and Austin Fire Chief Joel Baker.

The lawsuit, filed in 2022, alleges he was fired because of a blog post about his faith.

Andrew Fox served as volunteer chief chaplain for the Austin Fire Department for eight years until December 2021.

In his personal blog post about transgender athletes competing in the 2021 Olympics, he shared his view that men and women are biologically different and that men should not compete in women's sports.

MORE: Former Austin fire chaplain sues city for firing him over blog posts

The lawsuit says LGBTQ+ members of the department were concerned about the post.

Fox's lawyers say everyone was important to him, including the LGBTQ community.

“No one should be forced to convey a message they disagree with. The facts of this case are that the chaplain's worship service was not disrupted. He was able to serve everyone in the department's congregation, including LGBT people,” said Rachel Rouleau, legal counsel for the Alliance Defending Freedom.

The lawsuit states that Fox met with AFD officials. The chief wanted him to write a letter of apology. Fox was willing to express regret that some people felt offended, but he would not recant his beliefs.

“Austin's actions to discriminate against him based on his beliefs violate his First Amendment rights to free speech and free exercise. We hope the court will protect Dr. Fox's First Amendment rights,” Rouleau said.

The city's lawyers did not give an interview Wednesday, but argued in court that Fox's First Amendment rights were not violated, that he was in the public eye and that they did not want the issue to affect people's trust in him. They also argued that the complaints were not about the issue but about the way it was discussed. Additionally, Fox's position was unpaid and he could still blog freely.

A spokesman added: “We appreciate the court's careful review of the matters in this ongoing legal process.”

The lawsuit seeks to reinstate Fox as chief chaplain and to have the city declare that his First Amendment rights were violated. It also seeks to compensate Fox for other damages.

“Americans should be able to speak freely without fear of government punishment,” Rouleau said.

The judge will take time to consider the arguments and a ruling could be issued in a few weeks.