A federal appeals court has ruled that public schools cannot compel students to use preferred pronouns for transgender classmates, declaring that such mandates violate students’ First Amendment rights. The landmark decision marks a significant victory for free speech advocates and a blow to school districts that have implemented policies requiring adherence to gender-identity-based pronoun use.
The case originated in 2023 when Defending Education filed a lawsuit against the Olentangy Local School District (OLSD) in Ohio. The organization argued that the district’s anti-harassment policy — which mandated students to use others’ preferred pronouns — amounted to compelled speech, forcing students to affirm beliefs about sex and gender that may conflict with their personal, moral, or religious convictions.
Although a lower court initially dismissed the challenge, the Sixth Circuit Court of Appeals overturned that ruling in a close 10-7 decision, finding that the policy violated constitutional protections for free expression.
The majority opinion sharply rebuked the district’s attempt to enforce pronoun compliance, stating:
“Schools cannot wield their authority to compel speech or demand silence from citizens who disagree with the regulators’ politically controversial preferred new form of grammar.”
The court emphasized that public institutions have no right to dictate language on ideological grounds, particularly in matters involving deeply held personal beliefs.
Defending Education asserted that the policy placed severe penalties on students who declined to use preferred pronouns, including suspension or expulsion, since the district categorized self-identified transgender students as a protected class under its anti-harassment rules.
The court’s opinion invoked American legal and cultural traditions to underscore the importance of linguistic and intellectual freedom:
“American history and tradition uphold the majority’s decision to strike down the school’s pronoun policy. 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.’”
The Olentangy Local School District did not respond to a request for comment from the Daily Caller News Foundation (DCNF).
Following the ruling, Nicole Neily, founder and president of Defending Education, praised the decision as a milestone in protecting student speech rights.
“We are deeply gratified by the Sixth Circuit’s intensive analysis not only of our case but of the state of student First Amendment rights in the modern era,” Neily said. “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.”
Sarah Parshall Perry, vice president and legal fellow at Defending Education, echoed that sentiment, calling the ruling a long-overdue affirmation of constitutional principles.
“Despite its ham-fisted attempt to moot the case, Olentangy School District was sternly reminded by the Sixth 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 parental authority,” Perry said.
“A resounding victory for student speech and parental rights was long overdue for families in the district, and we are thrilled the court’s ruling will benefit others seeking to vindicate their rights in the classroom and beyond.”
The decision is expected to have broad implications for school policies across the country as districts navigate the balance between protecting transgender students from harassment and upholding the constitutional rights of others.
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