A federal appeals court has ruled that an Ohio school district violated students’ constitutional rights by enforcing policies restricting gendered language in classrooms.
In a divided decision, the Sixth U.S. Circuit Court of Appeals found that the Olentangy Local School District, the fourth largest in Ohio, could not compel students to use peers’ preferred pronouns or ban gender-related language others might find offensive. The court sided with Defending Education, a national parental rights group that sued the district in 2023, arguing the rules infringed on students’ First and Fourteenth Amendment rights.
District officials contended that the policies were meant to prevent bullying and discrimination based on gender identity and sexual orientation. The court, however, determined that the district “fell far short” of proving such restrictions were necessary to prevent disruption or protect the rights of others.
Circuit Judge Eric Murphy noted that “our society continues to debate whether biological pronouns are appropriate or offensive” and emphasized that the school district “may not skew this debate by forcing one side to change the way it conveys its message.”
In a dissenting opinion written entirely without gendered pronouns, Circuit Judge Jane Stranch remarked that while adapting to new pronouns “may be a new phenomenon for many,” it remains “certainly possible.” She emphasized that social norms around pronouns “have shifted over the course of American history.”
The decision reverses a 2024 ruling by a separate three-judge panel that had upheld the district’s policy, which prohibited students from using language deemed discriminatory or demeaning. The case now returns to U.S. District Judge Algenon Marbley in Columbus, who must issue an injunction blocking enforcement of the policies.
