The Sixth U.S. Circuit Court of Appeals ruled Thursday against the fourth largest school district in Ohio over a policy to punish students for refusing to use language in accordance with transgender students' gender identity.
Parents Defending Education, which has been fighting the policy since 2023, argued it is unconstitutional and a violation of the First Amendment for students to be forced to use “preferred pronouns.”
The divided court sided with the group, saying the policy raises “serious free-speech concerns.”
While the court said the school district has a duty to protect all students, including transgender ones, it “introduced no evidence that the use of biological pronouns would disrupt school functions or qualify as harassment under Ohio law."
“Our society continues to debate whether biological pronouns are appropriate or offensive—just as it continues to debate many other issues surrounding transgender rights. 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,” it added.
Circuit Judge Jane Stranch sided with the school district, in a rebuke of the court’s decision that avoided using gendered pronouns to show “it may be a new phenomenon for many to use new pronouns or to avoid using pronouns, it is certainly possible,” The Associated Press reported.
It is unclear how this ruling will impact other school districts in the state that have similar policies around pronoun usage in classrooms.
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