School Cannot Force Students To Use Preferred Pronouns, Federal Appeals Court Rules

A federal appeals court in Ohio ruled Thursday that students cannot be forced to use preferred pronouns in school.

Defending Education (DE) filed the suit against Olentangy Local School District (OLSD) in 2023, arguing the district’s anti-harassment policy that requires students to use the “preferred pronouns” of others violates students’ First Amendment rights by “compelling students to affirm beliefs about sex and gender that are contrary to their own deeply held beliefs.” Although a lower court attempted to shoot down the challenge, the appeals court ruled in a 10-7 decision that the school cannot “wield their authority to compel speech or demand silence from citizens who disagree with the regulators’ politically controversial preferred new form of grammar.”

Because the school considers transgender students to be a protected class, students who violated the anti-harassment policy by referring to such students by their biological sex risked punishments such as suspension and expulsion, according to DE.

“American history and tradition uphold the majority’s decision to strike down the school’s pronoun policy,” the court wrote in its opinion. “Over hundreds of years, grammar has developed in America without governmental interference. Consistent with our historical tradition and our cherished First Amendment, the pronoun debate must be won through individual persuasion, not government coercion. Our system forbids public schools from becoming ‘enclaves of totalitarianism.’”

OLSD did not respond to the Daily Caller News Foundation’s request for comment.

“We are deeply gratified by the Sixth Circuit’s intensive analysis not only of our case but the state of student First Amendment rights in the modern era,” Nicole Neily, founder and president of DE, said in a statement. “The court’s decision – and its many concurrences – articulate the importance of free speech, the limits and perils of public schools claiming to act in loco parentis, and the critical role of persuasion – rather than coercion – in America’s public square.”

“Despite its ham-fisted attempt to moot the case, Olentangy School District was sternly reminded by the 6th circuit en banc court that it cannot force students to express a viewpoint on gender identity with which they disagree, nor extend its reach beyond the schoolhouse threshold into matters better suited to an exercise of parental authority,” Sarah Parshall Perry, vice president and legal fellow at DE, said in a statement. “A resounding victory for student speech and parental rights was long overdue for families in the school district and we are thrilled the court’s ruling will benefit others seeking to vindicate their rights in the classroom and beyond.”