COLUMBUS, Ohio (AP) – In a significant ruling, a divided federal appeals court in Ohio has concluded that the Olentangy Local School District, the state's fourth largest school district, cannot enforce its gender pronoun policies that conflict with the rights of students who recognize only two genders. This decision comes from the full Sixth U.S. Circuit Court of Appeals, siding with Parents Defending Education, an organization that argues the school’s policies infringe upon constitutional rights.
The lawsuit was initiated in 2023, with Parents Defending Education contending that the Olentangy district’s requirement for students to use their classmates' "preferred pronouns" was a violation of First and Fourteenth Amendment rights. The district defended its policies as a means to combat bullying and discrimination, which brought about significant attention not only locally but also nationally. Various conservative groups, the American Civil Liberties Union (ACLU), and religious organizations across multiple faiths opposed the district’s initiatives, while LGBTQ+ rights groups voiced their support for the policies.
The court opined that the school district failed to meet the necessary standard for justifying the prohibition of certain speech, stating that allowing such expressions would not lead to "materially and substantially disrupt" educational activities or infringe upon the legal rights of others within the school community. Circuit Judge Eric Murphy, who wrote for the majority, emphasized that society is still grappling with the appropriate usage of biological pronouns and that the school district should not impose restrictions that would favor one side of this ongoing debate.
In contrast, Circuit Judge Jane Stranch authored a dissenting opinion in which she intentionally avoided using gendered, third-person pronouns. Stranch argued that while adapting to new pronoun usages may be challenging for many, it is, nonetheless, a feasible possibility. She suggested that shifts in societal norms regarding pronouns have continually taken place throughout American history, and the recent changes should not inhibit individuals from expressing themselves freely.
The implications of this ruling remain uncertain. A teachers' union in Ohio previously informed the court that Olentangy’s policies closely resemble those employed by many other districts across the state. Earlier in July 2024, a three-judge panel of the 6th Circuit had ruled against Parents Defending Education, asserting that the school district had adequately demonstrated that prohibiting certain speech could disrupt classroom instruction. This earlier decision maintained that the district's policies did not compel students or their families to use specific pronouns when interacting with LGBTQ+ students, nor did they suppress alternative viewpoints.
The latest ruling overturned that earlier decision and directed U.S. District Judge Algenon Marbley in Columbus to issue a preliminary injunction that prevents Olentangy from enforcing its pronoun policies. The case centers on the overlapping policies of the district that restrict the use of gender-related language that could be considered insulting or dehumanizing to other students while mandating the use of peers' "preferred pronouns."
Additionally, the district's electronic devices policy, which remains in effect during and after school hours, prohibits sharing "disruptive" material that may be perceived as harassing or denigrating to other students based on their gender identity or sexual orientation. Moreover, a separate anti-discrimination policy outlaws derogatory comments or slurs connected to various factors, including gender identity, when students are under the authority of the school. The district’s code of conduct reiterates these principles, aiming to foster a respectful educational environment.
