School’s pro-trans policy just won a big court victory

An Ohio school district has the right to enforce its trans-inclusive anti-bullying policy, according to a decision handed down this week by a federal appeals court.

On Monday, the Sixth U.S. Circuit Court of Appeals ruled in a 2–1 decision that Olentangy Local School District’s anti-bullying policy does not violate students’ First Amendment right to free speech by preventing them from misgendering trans and nonbinary classmates, according to Reuters.

Related:

Judge rules in favor of trans students after parents’ rights group sues for the right to misgender

The judge basically criticized the right’s entire “parent’s rights” movement.

The district’s policy bans bullying based on race, sex, disability, and religion and requires students, teachers, and parents to address trans and nonbinary students by their correct pronouns. The policy applies to interactions at school, during out-of-school hours, and on social media.

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In May 2023, Parents Defending Education (PDE), a Virginia-based national conservative group, filed a lawsuit seeking a preliminary injunction preventing Olentangy Local School District from enforcing the policy. The group claimed that the policy violated students’ First Amendment rights because it would “compel speech, discriminate based on content and viewpoint” and was “unconstitutionally overbroad.”

PDE argued that by requiring students to use trans and nonbinary classmates’ pronouns, the district was compelling them “to affirm the idea that gender is fluid” in potential violation of their religious beliefs. As them noted, the group also claimed that the policy violated parental rights under the 14th Amendment.

In July 2023, U.S. District Chief Judge Algenon L. Marbley denied PDE’s request for a preliminary injunction, writing in his opinion that the group had “failed to establish a substantial likelihood of success on its First Amendment claim.”

Monday’s decision upheld Marbley’s ruling. Writing for the majority, Judge Jane Stranch, an Obama appointee, said that Olentangy Local School District was within its rights to regulate student speech that is “particularly harmful and likely to disrupt the educational experience.” Stranch added that an injunction blocking the policy would create an “immediate risk of harm” for students.

In her dissenting opinion, Judge Alice Batchelder, a George H.W. Bush appointee, wrote that “the Constitution prohibits this.”

As Reuters noted, it’s possible Monday’s decision will be reviewed by the full Sixth Circuit. Of the Cincinnati-based courts 16 active judges, 10 are Republican appointees.

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