Federal Appeals Court Ruling on Student Pronoun Use
A federal appeals court in Ohio has sided with the state’s fourth-largest school district, declaring that schools cannot discipline students for using biological pronouns or gender-related language, even if some find such language offensive.
This ruling essentially means that students won’t face consequences for “misgendering” peers who identify as a different gender. The U.S. Court of Appeals for the 6th Circuit reached this conclusion with a 10-7 vote on Thursday, backing a parent group advocating for students’ educational rights.
A grassroots organization called Defending Education, which aims to ensure classrooms focus on education rather than indoctrination, initially filed the lawsuit against the Olentangy Regional School District in 2023. They argued the district’s policy requiring the use of peers’ “preferred pronouns” infringed on student rights protected by the First and Fourteenth Amendments.
In the majority opinion, Circuit Judge Eric Murphy noted that societal debates about biological pronouns shouldn’t be distorted by school policies that compel students to modify their expressions. He emphasized that schools shouldn’t force one viewpoint over another in such discussions.
The court indicated that the district failed to demonstrate how banning this speech would significantly disrupt school operations or infringe on others’ rights. It also lacked substantial evidence to support claims that using biological pronouns would cause disruption or harassment.
Cam Norris, an attorney with Parents Advocating for Education, commented on the ruling, suggesting it’s not beneficial for students to be forced into compliance with language they don’t genuinely accept. He argued that such policies undermine the importance of understanding diverse viewpoints.
This ruling overturned a previous decision made by a three-judge panel of the 6th Circuit Court in July 2024, which had found that the school district could demonstrate potential disruption from the banned speech.
The case has been sent back to U.S. District Judge Algernon Marbury in Columbus, Ohio, who had previously issued a preliminary injunction against the enforcement of the district’s LGBT+ pronoun policy.
The lawsuit highlighted specific district regulations that restrict the use of certain gender-related language deemed derogatory and mandated the use of “preferred pronouns” instead. It also mentioned policies that prohibit “subversive” materials or remarks that could be seen as harassment based on gender identity. Anti-discrimination policies further bar language that discriminates against students based on various protected characteristics.
It remains uncertain how broadly this ruling will apply across the state.
The U.S. Court of Appeals for the Sixth Circuit has ruled that schools can’t compel students to use “preferred pronouns.” The court stated there’s no evidence that biological pronouns disrupt school functions or amount to harassment under Ohio law.
