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A federal appeals court ruled Thursday that an Ohio school district violated students’ free speech rights by enforcing policies that restricted gendered language in classrooms.
The Sixth U.S. Circuit Court of Appeals said the Olentangy Local School District, near Columbus, cannot punish students for using gender-specific language, even if some find it offensive.
Parents Defending Education, a national parental rights organization, sued the district in 2023, arguing its pronoun mandate violated students’ First and Fourteenth Amendment rights. District officials maintained the policies were designed to curb bullying and promote inclusion.
In its majority opinion, the court said the district “fell far short” of showing that allowing such speech would cause disruption or infringe on others’ rights.
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The William McKinley Monument is silhouetted near the Ohio Statehouse, April 15, 2024, in Columbus, Ohio. (AP)
“Our society continues to debate whether biological pronouns are appropriate or offensive — just as it continues to debate many other issues surrounding transgender rights,” Circuit Judge Eric Murphy wrote for the majority. “The school district may not skew this debate by forcing one side to change the way it conveys its message or by compelling it to express a different view.”
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.”
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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)
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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.
The Associated Press contributed to this report.
