“An individual’s sex is immutable, and school districts around the country must end the coercion and mandates that elevate ideology over biological reality and constitutional freedoms.” – Beth Parlato, Independent Women’s Law Center
WASHINGTON D.C. — In a huge victory for parents, students and free speech, the Sixth Circuit, in a 10-7 en banc decision, held that an Ohio school district’s policy that requires students to use preferred pronouns over accurate sex-based pronouns is likely unconstitutional.
Independent Women’s Law Center, alongside the Manhattan Institute, filed an en banc amicus brief before the Sixth Circuit in Parents Defending Education v. Olentangy Local School District to challenge the district’s policies that require students to profess the belief that men can become women, including by using “preferred pronouns.” Independent Women’s Law Center argued the school board’s pronoun policies violate the First Amendment by forcing many students to speak contrary to their beliefs that sex is binary, and women are biologically distinct from men. The brief emphasizes that using sex-based pronouns is necessary to preserve females’ private spaces.
The full court ruled on Friday that the school district cannot prohibit students from using accurate, sex-based language merely because other students find it offensive, unless the school meets the high bar of showing substantial disruption or infringement of rights. Further, the court held it is impermissible for the school to force one side of a societal debate to change the way it conveys its message or compel it to express a different view.
Beth Parlato, senior legal advisor for Independent Women’s Law Center, said, “The decision is a huge win for truth, common sense and free speech. The ruling makes clear that schools cannot compel students to express beliefs they do not hold. An individual’s sex is immutable, and school districts around the country must end the coercion and mandates that elevate ideology over biological reality and constitutional freedoms.”
###
Independent Women’s Law Center provides unique legal perspectives around key issues and supports wronged individuals to bring justice and to drive game-changing policies.
Independent Women®’s unique, persuasive methods and trusted brand shape public preferences, policies, and movements to create a better future for everyone.