Massachusetts Student Challenges ‘Two Genders’ Shirt Ban in U.S. Appeals Court, Reported by Reuters

By Nate Raymond

BOSTON – A federal appeals court expressed skepticism on Thursday about whether a Massachusetts middle school infringed upon a student’s free speech rights by asking him to stop wearing a T-shirt that proclaimed, "There are only two genders."

During the proceedings at the 1st U.S. Circuit Court of Appeals in Boston, lawyer David Cortman argued on behalf of 13-year-old Liam Morrison. He contended that the officials at Nichols Middle School in Middleborough had violated the First Amendment by censoring Morrison’s viewpoint, which contradicted the school’s pro-LGBTQ stance.

Cortman explained that Morrison donned the shirt in seventh grade to express his disagreement with the school’s messaging that biology does not solely dictate sex. This sentiment was reflected in the numerous pro-LGBTQ materials displayed around the school, including posters and Pride Month celebrations.

"What the school cannot do, even though they could share their own views, is decide that only students who agree with those views can speak, while anyone who disagrees should be silenced," Cortman argued.

He claimed the school effectively enacted this silencing when they instructed Morrison to either remove the shirt or face leaving the school for the day, which he chose to do. This situation repeated itself a few days later when Morrison wore a shirt that stated “There are [censored] genders.” Cortman further asserted that a lower-court judge erred in her decision to not block the school’s T-shirt ban last year.

This case is one among many lawsuits initiated by conservative plaintiffs challenging school policies designed to protect LGBTQ students from harassment and to uphold their pronouns and gender identities.

During the hearing, the judges, all appointed by Democratic presidents, questioned the justification behind the school’s actions, emphasizing the need to maintain a safe educational setting for nonbinary students and to prevent any disruptions that could arise from Morrison’s shirt.

U.S. Circuit Judge Lara Montecalvo drew a distinction between the T-shirt and a brochure given out by students conveying a specific message, underscoring that a T-shirt is a constant visual presence as it is worn throughout the day. "A T-shirt that is worn all day is worn all day," she remarked.

Deborah Ecker, representing the Middleborough School Committee, stated that the officials’ decision was primarily motivated by concerns for the mental well-being of LGBTQ students, who would be impacted by the message displayed on Morrison’s shirt. "I think that this message, that there are only two genders, is vile and it says to someone who is nonbinary that you do not exist, that your validity does not exist, and it attacks the very core characteristic," she asserted.

U.S. Circuit Judge David Barron highlighted that following media coverage of Morrison’s initial shirt, the school received threatening messages and had to call in police support due to protests that arose. "That’s all traced back to the shirt," he noted. "Had that not happened, none of it would have happened."