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In a 2-1 decision on Monday, the 6th U.S. Circuit Court of
Appeals said the Olentangy Local School District, Ohio's
fourth-largest with about 23,400 students, did not violate the
free speech rights of children by compelling them to speak in a
certain way.
The case is one of many around the country addressing the rights
of transgender students.
Olentangy sought to bar bullying based on factors such as race,
sex, disability and religion, and using personal devices such as
cellphones - including off campus - to embarrass, harass,
humiliate, intimidate or threaten students.
The district, located near Columbus, also prohibited students
from "misgendering" transgender students, such as by failing to
address them by their preferred pronouns.
Parents Defending Education, a Virginia-based nonprofit, sought
an injunction against the policies.
It said the rules undermined the First Amendment constitutional
rights of children who were raised to believe that people cannot
transition from one sex to another.
Circuit Judge Jane Stranch, however, wrote for the majority that
Olentangy could regulate speech about specific students'
identities that was "particularly harmful and likely to disrupt
the educational experience."
She also said an injunction would create an "immediate risk of
harm" to all students by preventing Olentangy from protecting
them from abuse.
Stranch, a judicial appointee of Democratic President Barack
Obama, was joined by Circuit Judge Stephanie Davis, appointed by
Democratic President Joe Biden.
Circuit Judge Alice Batchelder, appointed by Republican
President George H.W. Bush, dissented. She accused Olentangy of
turning students into "captive subjects" by requiring their
acceptance of gender transitioning.
"The Constitution prohibits this," she said.
Parents Defending Education and its lawyer did not immediately
respond to requests for comment. Olentangy and its lawyers did
not immediately respond to similar requests.
Based in Cincinnati, the 6th Circuit is a conservative-leaning
court, with 10 of its 16 active judges appointed by Republican
presidents.
That raises the prospect the entire court might review Monday's
decision, which upheld a July 2023 lower court ruling.
The case is Parents Defending Education v. Olentangy Local
School District et al, 6th U.S. Circuit Court of Appeals, No.
23-3630.
(Reporting by Jonathan Stempel in New York, Editing by Alexia
Garamfalvi and Howard Goller)
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