LITTLE ROCK, Ark. (AP) — An Arkansas attorney’s contract with the state was terminated because he emailed a legislator and criticized her support of a measure banning gender confirming treatments for transgender youth, according to a federal lawsuit filed Wednesday.
The American Civil Liberties Union of Arkansas filed the lawsuit on behalf of Casey Copeland, whose contract with the Administrative Office of the Courts was terminated after he emailed a sponsor of the ban enacted earlier this year. The ACLU has filed a lawsuit challenging the ban, which is set to take effect July 28.
“Although Copeland spoke out on a matter of public concern covered by both local and national press, defendants decided to punish Copeland in violation of his protected right to engage in core political speech critical of his state legislator by terminating his contract with the state,” the lawsuit said.
Copeland’s contract with the state representing children in neglect and dependency cases was terminated two days after he sent the email from his personal account to Republican state Rep. Charlene Fite about the ban. In the March 30 email, Copeland wrote that he was ashamed of her for sponsoring and supporting the legislation.
“Not only does this bill put lives in danger, it fully illustrates the arrogance of you and your party to think that you have the authority to dictate such personal matters,” wrote Copeland, who ran unsuccessfully against Fite in the 2018 election.
Emails attached to the lawsuit obtained under the Freedom of Information Act show Fite forwarded Copeland’s message to Administrative Office of the Courts Director Marty Sullivan.
Sullivan forwarded the email to AOC’s human resources director and two other officials with the office and wrote, “this isn’t helpful, at all.” Sullivan, who is named as a defendant in the lawsuit, did not immediately return a call seeking comment.
Fite told The Associated Press she forwarded the email to Sullivan because she was concerned it appeared as if Copeland was writing on behalf of AOC since it included his title. Fite said she did not have any additional discussions with Sullivan.
“I thought probably Mr. Sullivan or someone would want Mr. Copeland to understand that when he sends correspondence to state representatives or senators, he needs to make sure and make it clear whether he is doing that on his own behalf or whether he is doing that under the offices of the courts,” Fite said.
Copeland’s lawsuit said he was never given an explanation for why the contract was terminated. The attorney’s lawsuit says the state violated his constitutional rights by terminating the contract over the email. He’s seeking a preliminary injunction enjoining the state from terminating and not renewing his contract.
Arkansas’ new law prohibits doctors from providing gender confirming hormone treatment, puberty blockers or surgery to anyone under 18 years old, or from referring them to other providers for the treatment. The state was the first to enact such a prohibition.