A professor who was demoted and ultimately fired for expressing his views on transgender procedures on children will receive $1.6 million in damages and attorney fees, as agreed to by University of Louisville officials.

In 2003, Allan M. Josephson became the chief of the Division of Child and Adolescent Psychiatry and Psychology at the University of Louisville. Before he was hired, the program was reportedly struggling. However, through dedicated work, Josephson brought the program to national recognition. Throughout his time as head, Josephson was asked 13 times by the university to teach other division chiefs to develop their divisions.

In 2017, Josephson spoke at a Heritage Foundation panel in which treating gender dysphoria was discussed. Josephson expressed his views on transgender treatments on children experiencing gender dysphoria, saying that children are not mature enough to choose to make permanent changes to their bodies. Josephson expressed that instead of rushing children to puberty-blockers, cross sex- hormones and other so-called treatments, professionals should seek to remedy the psychological issues leading to gender dysphoria.

From then on, Josephson received backlash from the university. Josephson’s colleagues, who were angered by his statements, turned to the university and requested that he be placed under disciplinary action. A few weeks later, university officials demoted him to a junior faculty member. In 2019, the university then informed Josephson that they would not renew his contract.

Alliance Defending Freedom (ADF) filed suit on behalf of Josephson in March of the same year on the grounds of violation of First Amendment and Fourteenth Amendment rights. The complaint stated, “Defendants’ retaliatory and unconstitutional actions taken against Dr. Josephson impose an unconstitutional condition upon faculty members’ right to free speech and their receipt of state benefits … Defendants required Dr. Josephson to surrender his constitutionally protected rights to freedom of speech, due process, and equal protection to avoid disciplinary actions up to and including demotion and termination.”

ADF Senior Counsel Travis Barham addressed Josephson’s concern for children and the punishment he received for expressing his concerns.

“As early as 2014, Dr. Josephson saw the truth behind dangerous procedures that activists were pushing on children struggling with their sex,” Barham said. “He risked his livelihood and reputation to speak the truth boldly, and the university punished him for expressing his opinion—ultimately by dismissing him.”

In 2022, oral arguments were heard at a federal district court, in which the court ruled that Josephson could bring his case to a jury of his peers. The university appealed the decision, and the case went the U.S. Court of Appeals for the 6thCircuit. The court sent the case to the district court for trial and denied the university’s claims for immunity.

On April 21st, the university agreed to pay $1.6 million to Josephson in legal fees.

Barham, in a press release, believes the agreement sets a precedence for other universities considering terminating an employee based on their beliefs.

“After several years, free speech and common sense have scored a major victory on college campuses,” said Barham. “ … public universities have no business punishing professors simply because they hold different views. Dr. Josephson’s case illustrates why—because the latest and best science confirms what he stated all along. Hopefully, other public universities will learn from this that if they violate the First Amendment, they can be held accountable, and it can be very expensive.”

Josephson reacted to the university’s agreement.

“I’m glad to finally receive vindication for voicing what I know is true,” Josephson said. “Children deserve better than life-altering procedures that mutilate their bodies and destroy their ability to lead fulfilling lives. In spite of the circumstances I suffered through with my university, I’m overwhelmed to see that my case helped lead the way for other medical practitioners to see the universal truth that altering biological sex is impossibly dangerous while acceptance of one’s sex leads to flourishing.”

A stipulated dismissal of the remaining claims was also filed by ADF attorneys after the $1.6 million settlement was established.

Photo: Courtesy of Alliance Defending Freedom