Former Austin fire chaplain suing city for firing him 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, claims he was fired over a blog post about his beliefs.

Andrew Fox was a volunteer lead chaplain for the Austin Fire Department for eight years until December 2021. 

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

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

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

Fox's attorneys say he cared for everyone, including the LGBTQ community. 

"No one should be forced to speak a message that they disagree with. The facts of this case are that the chaplaincy service wasn't disrupted. He was able to serve everyone in the department's community, including LGBT individuals," Rachel Rouleau, legal counsel for Alliance Defending Freedom, said. 

Andrew Fox

The lawsuit says Fox had meetings with AFD officials. The chief wanted him to write an apology letter. Fox was willing to express regret that some people were offended, but he wouldn't recant his beliefs. 

"Austin's actions in discriminating against him because of his faith violate his First Amendment rights of free speech and free exercise. We're hoping that the court will protect Dr. Fox's First Amendment rights," Rouleau said. 

Attorneys for the city did not do an interview Wednesday but argued in court that Fox's First Amendment rights were not violated, and that he is public-facing, and they didn't want the issue to affect people's trust in him. They also argued the complaints weren't about the topic, but the way they were discussed. Plus, Fox's position was unpaid, and he is still able to blog freely. 

A spokesperson added, "we appreciate the court’s careful consideration of the issues in this ongoing legal process."

The lawsuit is seeking to have Fox reinstated as lead chaplain and for the city to declare his First Amendment rights were violated, plus to be paid for other damages. 

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

The judge will take some time to consider the arguments. A ruling may come in a few weeks.