The appellate court ruled that using biological pronouns does not meet the legal threshold for disrupting classroom learning.
The U.S. Court of Appeals for the Sixth Circuit ruled that students cannot be disciplined for referring to classmates by their biological pronouns. The court concluded that such speech does not substantially disrupt instruction under the standard set in Tinker v. Des Moines, and that the school’s policy infringed on First Amendment rights to free speech.
The decision overturned earlier rulings that upheld an Ohio school district’s policy, which allowed discipline for students who declined to use peers’ preferred pronouns. Judge Eric Murphy, writing for the majority, said the district did not show evidence that the use of biological pronouns had caused or was likely to cause significant interference with school operations.
“Unlike, say, a political diatribe about transgender rights in math class, the mere use of biological pronouns does not entail ‘aggressive, disruptive action.’ Nor does the school district suggest that such speech has ever disrupted any school activity in the past,” Judge Murphy wrote.
The case was returned to the lower court for a specific injunction that prevents the district from punishing students for using biological pronouns.
As the Lord Leads, Pray with Us…
- For prudence for judges on the circuit courts as they hear appeals from the district court decisions.
- For district judges to interpret the law and Constitution with wisdom as they decide cases.
Sources: Courthouse News, National Law Review
