Appeals Court Rules on Ohio School District’s Language Policy

A federal appeals court decided recently that a school district in Ohio infringed on students’ rights by enforcing a policy aimed at limiting gender-specific language in classrooms.

The U.S. Court of Appeals for the 6th Circuit determined that the Olentangy Regional School District, located near Columbus, cannot discipline students for using gendered language, even if it offends some people.

The case began when Parents Defending Education, a national group advocating for parental rights, filed a lawsuit against the district in 2023. They argued that the policy requiring certain pronouns violated students’ rights protected by the First and 14th Amendments. School officials claimed the intentions behind the policy were to prevent bullying and foster social engagement.

In the majority opinion, the court expressed that the district failed to convincingly demonstrate that allowing this kind of speech would lead to disruption or impinge on others’ rights.

“Our society continues to debate whether biological pronouns are appropriate or offensive, just as it continues to debate many other issues surrounding transgender rights,” wrote Circuit Judge Eric Murphy for the majority. He emphasized that school districts shouldn’t skew this conversation by compelling one side to modify their message or viewpoint.

On the other hand, in her dissent, Circuit Judge Jane Stranch noted that while avoiding gendered pronouns might be unfamiliar to some, it is entirely feasible. She pointed out that the customs regarding pronouns have shifted significantly throughout American history.

The recent ruling reverses a 2024 decision by another panel of the Sixth Circuit that had supported the district. The case is now directed back to U.S. District Judge Algernon Mabry in Columbus, who will need to issue an injunction to prevent the policy’s enforcement.

The district’s previous rules banned language that might be seen as derogatory or humiliating and encouraged students to use the self-identified pronouns of their peers.

Furthermore, there was a separate policy that restricted student use of personal devices, extending the limitations beyond school grounds and forbidding content that could be perceived as harassment or negative remarks regarding another individual’s gender identity or sexual orientation.

It’s still uncertain how the implications of this ruling will play out. The Ohio teachers’ union mentioned in court that the policy in Olentangy resembles those of other districts across the state.