Last week, a federal judge ruled that an Ohio school district has the authority to discipline students who misgender their classmates, despite the objections of a parents’ rights group.
Last spring, the Olentangy Local School District (OLSD) faced a lawsuit from Parents Defending Education (PDE) regarding various policies on harassment and bullying. These policies prohibit students from intentionally misgendering their peers, which is defined as failing to use their preferred pronouns.
The lawsuit claims that “transgender identity” is listed as a protected group in both the policies and the student code of conduct of OLSD. This means that any instances of misgendering can result in suspension or expulsion.
Seventeen states and fifteen advocacy groups, supporting PDE, have argued that the policies enforced by educational institutions are a form of compelled speech and a violation of students’ religious rights. The parents’ rights group also claims that these policies infringe upon the fundamental right of families to direct the upbringing of their children.
On July 29, U.S. Circuit Judge Jane Stranch deemed OLSD’s policies crucial in safeguarding students from harassment. She determined that any arguments claiming the policies force speech in violation of the First Amendment would not hold up against PDE.
According to the ruling, the District has the right to acknowledge that discussing individual student identities can cause significant harm and disrupt the learning environment, and therefore has the authority to regulate such speech. The court stated that the Pennsylvania Department of Education (PDE) did not provide sufficient evidence to prove that the District was engaging in discrimination based on a particular viewpoint.
In a lengthy dissent, Circuit Judge Alice Batchelder argued that students cannot be compelled by public schools to “pretend [gender transition] is a real thing.”
Agree or disagree, but that is [PDE’s] position,” Batchelder wrote.
In a statement, OLSD expressed its satisfaction with the decision, emphasizing the district’s unwavering dedication to fostering a safe and welcoming environment for all students. Nicole Neily, President and Founder of PDE, conveyed her disappointment with the ruling but acknowledged that this setback is not the ultimate conclusion, as she told Crisis in the Classroom (CITC).
According to Neily, Judge Batchelder made a compelling argument in dissent stating that the First Amendment prohibits the District from forcing students to use language that goes against their beliefs, specifically the idea that biology does not determine gender. Neily added that PDE will be pursuing additional review of this ruling.
In the summer of this year, a bill was passed by the Ohio House which prohibits students from using bathrooms and locker rooms that do not align with their gender identity. Governor Mike DeWine, a Republican, had previously shown his approval for the bill and even stated in June that he would sign it without any changes.
At present, the Ohio Senate has possession of the bill, but their next scheduled meeting is not until November.
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