CINCINNATI — The U.S. Sixth Circuit Court of Appeals has ruled that public schools cannot compel students to use “preferred pronouns,” finding that doing so would violate free speech protections under the First Amendment.
The decision stems from a case involving the Olentangy Local School District in Ohio, which barred students from referring to transgender or nonbinary classmates by their biological pronouns. Parents and students argued that the policy violated their right to express the belief that sex is immutable.
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In the ruling, Judge Eric Murphy wrote that the district “introduced no evidence that the use of biological pronouns would disrupt school functions or qualify as harassment under Ohio law.” The court cited Tinker v. Des Moines Independent Community School District (1969), emphasizing that schools cannot restrict personal speech on matters of public concern unless it would “materially and substantially disrupt” school activities or infringe on the rights of others.
The case will now return to a lower court for further proceedings, but the appellate decision marks a significant victory for free speech advocates who argue that schools cannot compel students to speak in ways that conflict with their beliefs.
