The 6th U.S. Circuit Court of Appeals has ruled that Olentangy Local Schools in central Ohio cannot punish students for referring to transgender peers by their biological pronouns. In a 10-7 decision issued Nov. 6, the court found that the district failed to demonstrate that such use would “substantially and materially” disrupt the operation of the school or violate the rights of other students, as reported Dispatch of Columbus.The ruling, which overturned previous rulings by a federal judge and a three-judge appeals panel, cited the landmark 1969 case Tinker v. Des Moines, stressing that schools cannot force one side to adopt a particular point of view. While the court barred punishment for using biological pronouns, it clarified that the district can continue to enforce its anti-harassment policy, protecting transgender students from violence.A lawsuit filed in May 2024 by Parents Defending Education on behalf of four district parents alleged that the school’s policy violates students’ First and 14th Amendment rights by forcing them to affirm a gender identity that conflicts with their religious and academic beliefs. The plaintiffs alleged that their children self-censored for fear of reprimand and tended to use pronouns that corresponded to their biological sex, rather than preferred gender pronouns. The case highlights the ongoing national debate about free speech, religious expression and transgender rights in schools. Olentangy, Ohio’s fourth-largest public school district, covers most of Delaware County and serves tens of thousands of students, making the decision potentially influential for similar disputes across the country.
The court cites freedom of speech and the absence of violations
The majority opinion ruled that Olentang Local Schools failed to prove that the use of biological pronouns would “substantially and materially” disrupt the operation of the school or violate the legal rights of other students. The court issued a preliminary injunction barring the district from punishing students for “banal use of biological pronouns,” while making it clear that harassment protections for transgender students remain enforceable.The ruling overturns earlier rulings by a federal judge and a three-judge appeals panel that sided with the school district. The court cited the 1969 Supreme Court case of Tinker v. Des Moines Independent Community School District, noting that Olentangy did not present evidence that the use of biological pronouns would disrupt classroom activities or qualify as harassment under Ohio law.
The origins of the case
The lawsuit began in May 2024 when Parents Defending Education, a conservative nonprofit based in Virginia, filed a lawsuit on behalf of four parents in the Olentangy area. The organization challenged what it called an ideologically driven school policy that forces students to affirm beliefs about gender fluidity that conflict with the plaintiffs’ religious and scientific beliefs.According to court records, the children involved wanted to use pronouns that corresponded to their biological sex, rather than the preferred pronouns of their peers. The lawsuit alleged that the district’s policy forced students to self-censor out of fear of punishment for expressing their beliefs.
Legal and social implications
The 6th Circuit’s decision highlights ongoing national debates about gender identity, free speech and religious expression in schools. The court emphasized that society continues to debate whether biological pronouns are appropriate or offensive, and that schools cannot force one point of view over another. At the same time, the ruling confirmed that the district retains the authority to enforce anti-bullying measures against transgender students, providing protections from harassment.The larger contextOlentangy Local Schools, the fourth largest public school district in Ohio, serves tens of thousands of students throughout Delaware County. The case has drawn attention from conservative, religious and free speech groups, as well as the ACLU of Ohio Foundation. Amicus briefs, including filings from the Ohio Attorney General’s Office, highlight the high stakes for student advocacy and their rights across the country.Legal experts say the ruling could set a precedent for similar disputes across the US, particularly those involving the balance between religious beliefs, student expression and new gender identity policies in public schools.
