Assistant corrections commissioner unable to define man or woman, conservative law group says

"Two things are clear from the deposition: the DOC's commitment to DEI has caused it to lose sight of a common-sense view of what language means, and that disfavored religious-based viewpoints aren't welcome in Minnesota prisons," said the UMLC in a press release.

Correctional Facility St. Cloud
Minnesota Correctional Facility-St. Cloud (Photo by Bobak Ha'Eri/Wikimedia Commons)

A high-ranking Minnesota Department of Corrections (DOC) official was unable to define what a man or woman was, according to a conservative law group that questioned the DOC official in a deposition.

Last Month, DOC Assistant Commissioner Jolene Rebertus was questioned in a deposition by Brent Robbins, an attorney with the Upper Midwest Law Center (UMLC). The deposition was connected to an ongoing case about whether a multi-part course on Biblical manhood can be taught in Minnesota prisons.

The course, called “The Quest for Authentic Manhood,” was taught by Anthony Schmitt at Minnesota Correctional Facility-St. Cloud for more than a decade. The voluntary course offered inmates a chance to learn what it means to be men who follow Jesus Christ.

Last year, Schmitt filed a lawsuit against the DOC after the agency shut down his class. According to Schmitt’s lawsuit, he received an email in July of 2023 from Rebertus which informed him that the DOC will no longer allow the course to be taught at MCF-St. Cloud.

Rebertus wrote, “The program directly conflicts with the diversity, equity, and inclusivity values of the department by defining manhood, or the study of masculinity, through a biblical lens of what a ‘real man looks like.'”

“Throughout all sessions reviewed, men were only identified as heterosexual, seeking ideal relationships and marriage with women. It is evident that throughout this curriculum, manhood can only be achieved through heterosexual relationships,” Rebertus explained.

In his federal lawsuit, Schmitt said the agency was illegally establishing a denominational preference and violating his First Amendment rights by banning the course. The UMLC and True North Legal have represented Schmitt in the case.

Four months ago, a three-judge panel from the U.S. Court of Appeals issued a 2-1 decision that allows Schmitt to resume teaching the course until the matter is fully adjudicated. The appeals court also said Schmitt’s case is likely to prevail on First Amendment grounds.

As part of the progressing case, Rebertus was questioned in a deposition by the UMLC. That deposition featured questions about biological sex, gay marriage, and the Bible.

According to the UMLC, Rebertus was asked about the definition of husband and wife. She said, “I think it can mean whatever it wants to each individual.” Regarding a question about whether “husband” typically refers to a male, Rebertus said, “It doesn’t have to be, no.”

Asked if “man and woman” referred to biological men and women, Rebertus said, “I don’t know what they mean.”

The UMLC also said Rebertus testified that criticizing gay marriage, polygamy, and open marriage would violate DOC policy according to her understanding of diversity, equity, and inclusion (DEI) values at the agency.

However, the assistant commissioner said it “depends on the context” when asked if criticism of cousin marriage would violate agency policy.

Further, the UMLC said Rebertus testified that quotations from the Bible and Koran which describe homosexuality as sinful would conflict with the department’s values.

“Two things are clear from the deposition: the DOC’s commitment to DEI has caused it to lose sight of a common-sense view of what language means, and that disfavored religious-based viewpoints aren’t welcome in Minnesota prisons,” said the UMLC in a press release.

Alpha News reached out to the DOC for this story. However, a DOC spokesperson said the agency “doesn’t comment on matters of pending or active litigation.”

 

Luke Sprinkel

Luke Sprinkel previously worked as a Legislative Assistant at the Minnesota House of Representatives. He grew up as a Missionary Kid (MK) living in England, Thailand, Tanzania, and the Middle East. Luke graduated from Regent University in 2018.