Court strikes down Ohio school’s pronoun policy in parents’ lawsuit

A federal appeals court ruled Thursday that an Ohio school district violated students’ free speech by implementing policies restricting gender-specific language in classrooms.

The U.S. Court of Appeals for the Sixth Circuit said the Olentangy Local School District near Columbus cannot punish students who use gender-specific language, even if some find it offensive.

Parents Defending Education, a national parental rights organization, sued the district in 2023, arguing that the pronoun mandate violated students’ First and Fourteenth Amendment rights. District officials argued that the policies were designed to prevent bullying and encourage participation.

In its majority opinion, the court said the district “falls far short” in showing that allowing such speech would cause disruption or violate the rights of others.

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“Our society continues to debate whether biological pronouns are appropriate or offensive, just as it continues to debate many other issues related to transgender rights,” Circuit Judge Eric Murphy wrote for the majority. “The school district cannot distort this discussion by forcing one party to change the way they deliver their message or express a different view.”

Circuit Judge Jane Stranch avoided using any gendered pronouns in her dissent and wrote that adapting to new linguistic norms “may be new for some” but is “entirely possible.” He noted that social conventions regarding pronouns have “evolved throughout American history.”

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The U.S. Court of Appeals for the Sixth Circuit ruled that the Olentangy Local School District cannot prohibit students from using sexist language considered offensive by others. (iStock)

The ruling overturned a 2024 decision by a separate Sixth Circuit panel that sided with the district. The case now goes back to U.S. District Judge Algenon Marbley in Columbus, who must issue a preliminary injunction blocking implementation of the policy.

District rules discouraged students from using gender-related language that could be seen as disrespectful or derogatory, and instead encouraged classmates to use self-identifying pronouns.

The district’s policies prohibited the use of gender-related language that other students might view as derogatory, dehumanizing, undesirable, or offensive. (Stefani Reynolds/Bloomberg via Getty Images)

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A separate policy governing students’ personal device use extended those restrictions beyond school boundaries, banning content that could be interpreted as harassing or derogatory of others’ gender identity or sexual orientation.

It is not yet known how widely the decision will be implemented. The Ohio teachers union told the court that Olentangy’s policies are similar to policies in other districts in the state.

The Associated Press contributed to this report.