17 states back parental rights org's lawsuit over 'misgendering' policy in Ohio school district
LEWIS CENTER, Ohio (CITC) — A national parental rights organization's lawsuit over an Ohio school district's "anti-harassment" policies now has the backing of 17 states and 15 advocacy groups.
Parents Defending Education (PDE) filed a federal lawsuit against Olentangy Local School District in May, alleging violations of both parent and student rights. The group claims that one of Olentangy's "anti-harassment" policies prohibits students from intentionally "misgendering" transgender students, something the school district considers "discriminatory language."
Both the school district's policies and student code of conduct also include "transgender identity" as a protected group, according to PDE, meaning suspension and expulsion can be enforced in any cases of "misgendering."
PDE argues that the approach requires some students to "affirm the idea that gender is fluid, contrary to their deeply-held religious beliefs," while also violating parents' rights by restricting speech both at school and "in families' homes." Dozens of attorneys general and advocacy groups nationwide seemingly agree, as a combined 32 amicus briefs were filed in support of PDE Monday.
One of the amicus briefs was written by the attorneys general in 17 states, including Virginia, Kentucky and Texas. They argue that Olentangy is working to "eradicate any opposing view" on sex and gender, despite previous legal cases recognizing "forced student speech" as unconstitutional.
Ultimately, these Policies put students that disagree with the Board's views on gender identity to an unconstitutional Hobson's choice: conform or be punished," the brief reads.
Several prominent advocacy groups also filed amicus briefs, including the American Civil Liberties Union (ACLU) and Alliance Defending Freedom (ADF).
"Youth and inexperience are not justifications for the government to suppress student expression," the ACLU's brief reads. "Quite the opposite: In service of their dual role as both custodians of students' development and as the 'nurseries of democracy,' schools bear a special duty to foster the free exchange of ideas -- including and especially unpopular ones."
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The ACLU, which notes that its brief is in "partial support," went on to write that speech which "rises to the level of substantially disrupting the school's education function" may be "restricted in the same fashion as any other substantially disruptive expression."
"But if it does not, a school may not proscribe it," the organization's brief reads.
A federal judge previously denied PDE's request that Olentangy's "anti-harassment" policies be overturned immediately. The combined 32 amicus briefs will now be used in an appeal being pursued by the group.
We are humbled by the breadth of the coalition standing with PDE to combat compelled speech in schools and look forward to arguing our case before the U.S. Court of Appeals for the Sixth Circuit," PDE founder and president Nicole Neily told Crisis in the Classroom (CITC) in a statement.
CITC reached out to Olentangy for comment, but did not immediately receive a response. This story will be updated if a response is received.
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