On Thursday, a federal appeals court determined that an Ohio school district breached students’ freedom of speech by implementing policies that limited the use of gender-specific terminology in classrooms.
The Sixth U.S. Circuit Court of Appeals concluded that the Olentangy Local School District, located near Columbus, is not permitted to discipline students for using gendered language, even if some individuals find it objectionable.
Parents Defending Education, a nationwide organization advocating for parental rights, filed a lawsuit against the district in 2023, claiming that its policy on pronouns infringed upon students’ First and Fourteenth Amendment rights. In response, district officials argued that the rules aimed to prevent bullying and foster inclusion.
In its majority opinion, the court remarked that the district had “fallen significantly short” in demonstrating that allowing such speech would lead to disruptions or impinge on the rights of others.
The William McKinley Monument is silhouetted near the Ohio Statehouse, April 15, 2024, in Columbus, Ohio. (AP)
Judge Eric Murphy, writing for the majority, noted, “Our society is still engaged in discussions about whether biological pronouns are suitable or offensive, similar to other ongoing debates surrounding transgender rights. The school district cannot tilt this discussion by mandating one side to alter its message or compelling it to adopt a different perspective.”
In her dissent, Circuit Judge Jane Stranch avoided using any gendered pronouns, writing that adapting to new linguistic norms “may be new for some” but remains “entirely possible.” She noted that social customs around pronouns “have evolved throughout American history.”
The Sixth U.S. Circuit Court of Appeals ruled that the Olentangy Local School District may not bar students from using gendered language considered by others to be offensive. (iStock)
The decision overturns a 2024 ruling from a separate Sixth Circuit panel that had sided with the district. The case now returns to U.S. District Judge Algenon Marbley in Columbus, who must issue an injunction blocking enforcement of the policy.
District rules discouraged students from using language related to gender that could be seen as disrespectful or demeaning, and urged them to use classmates’ self-identified pronouns instead.
The district’s policies prohibited the use of gender-related language that other students might view as insulting, dehumanizing, unwanted or offensive. (Stefani Reynolds/Bloomberg via Getty Images)
A separate policy governing students’ use of personal devices extended those restrictions beyond school grounds, prohibiting content that could be interpreted as harassing or disparaging toward others’ gender identity or sexual orientation.
It remains unclear how widely the ruling will apply. An Ohio teachers’ union told the court that Olentangy’s policies resemble those in other districts across the state.
