Politics

/

ArcaMax

Supreme Court denies student's right to wear 'only two genders' T-shirt at school

David G. Savage, Los Angeles Times on

Published in Political News

WASHINGTON — The Supreme Court on Tuesday turned down a middle-school student's claim he had a free-speech right to wear a T-shirt stating there are "only two genders."

Over two dissents, the justices let stand a ruling that said a school may enforce a dress code to protect students from "hate speech" or bullying.

After three months of internal debate, the justices decided they would not take up another conservative, culture war challenge to progressive policies that protect LGBTQ+ youth.

Justice Samuel A. Alito Jr. filed a 14-page dissent joined only by Justice Clarence Thomas. He said the case "presented an issue of great importance for our nation's youth: whether public schools may suppress student speech because it expresses a viewpoint the schools disfavor."

Liam Morrison, a 7th grader from Massachusetts, said he was responding to his school's promotion of Pride Month when students were encouraged to wear rainbow colors and posters urged them to "rise up to protect trans and gender non-confirming students."

Two years ago, he went to school wearing a black T-shirt that said "There are only two genders."

A teacher reported him to the principal who sent him home to change his shirt. A few weeks later, he returned with the word "censored" taped over the words "two genders" but was sent home again.

The T-shirt dispute asked the Supreme Court to decide whether school officials may limit the free expression of some students to protect others from messages they may see as offensive or hurtful.

In March, the court voted to hear a free-speech challenge to laws in California and 21 other states that forbid licensed counselors from using "conversion therapy" with minors.

That case, like the one on school T-shirts, arose from appeals by the Alliance Defending Freedom, a Christian legal group. It has already won free-speech rulings that allowed a cake maker and a website designer to refuse to participate in same-sex weddings despite state laws that barred discrimination based on sexual orientation.

On April 22, the court sounded ready to rule for religious parents in Montgomery County, Md., who seek the right to have their young elementary children "opt out" of the classroom use of a new "LGBTQ-inclusive" storybooks.

The T-shirt case came before the court shortly after President Donald Trump's executive order declaring the U.S. government will "recognize two sexes, male and female," not "an ever-shifting concept of self-assessed gender identity."

While the Supreme Court has yet to rule on T-shirts and the 1st Amendment, lower courts have upheld limits imposed by schools.

 

In 2006, the 9th Circuit Court in a 2-1 decision upheld school officials at Poway High School in San Diego who barred a student from wearing a T-shirt that said "Homosexuality is shameful." The appeals court said students are free to speak on controversial matters, but they are not free to make "derogatory and injurious remarks directed at students' minority status such as race, religion and sexual orientation."

Other courts have ruled schools may prohibit a student from wearing a Confederate flag on a T-shirt.

In the new case from Massachusetts, the boy's father said his son's T-shirt message was not "directed at any particular person" but dealt with a "hot political topic."

In their defense, school officials pointed to their policy against "bullying" and a dress code that says "clothing must not state, imply, or depict hate speech or imagery that target groups based on race, ethnicity, gender, sexual orientation, gender identity, religious affiliation, or any other classification."

Lawyers for the ADF sued on the student's behalf and argued the school violated his rights under the 1st Amendment. They lost before a federal judge in Boston who ruled for school officials and said the T-shirt "invaded the rights of the other students..to a safe and secure educational environment."

The 1st Circuit Court agreed as well, noting that schools may limit free expression of students if they fear a particular message will cause a disruption or "poison the atmosphere" at school.

The Supreme Court's most famous ruling on student rights arose during the Vietnam War. In 1969, the Warren Court ruled for high school students who wore black arm bands as a protest.

In Tinker vs. Des Moines, the court said students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate....For school officials to justify prohibition of a particular expression of opinion, [they] must be able to show that its action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint."

The justices said then a symbolic protest should be permitted so long as it did not cause a "substantial disruption of or material interference with school activities."

The attorneys for Liam Morrison contended he should win under that standard.

"This case isn't about T-shirts. It's about public school telling a middle-schooler that he isn't allowed to express a view that it differs from their own," said David Cortman, an ADF attorney in the case of L.M vs. Town of Middleborough.


©2025 Los Angeles Times. Visit at latimes.com. Distributed by Tribune Content Agency, LLC.

 

Comments

blog comments powered by Disqus

 

Related Channels

ACLU

ACLU

By The ACLU
Amy Goodman

Amy Goodman

By Amy Goodman
Armstrong Williams

Armstrong Williams

By Armstrong Williams
Austin Bay

Austin Bay

By Austin Bay
Ben Shapiro

Ben Shapiro

By Ben Shapiro
Betsy McCaughey

Betsy McCaughey

By Betsy McCaughey
Bill Press

Bill Press

By Bill Press
Bonnie Jean Feldkamp

Bonnie Jean Feldkamp

By Bonnie Jean Feldkamp
Cal Thomas

Cal Thomas

By Cal Thomas
Christine Flowers

Christine Flowers

By Christine Flowers
Clarence Page

Clarence Page

By Clarence Page
Danny Tyree

Danny Tyree

By Danny Tyree
David Harsanyi

David Harsanyi

By David Harsanyi
Debra Saunders

Debra Saunders

By Debra Saunders
Dennis Prager

Dennis Prager

By Dennis Prager
Dick Polman

Dick Polman

By Dick Polman
Erick Erickson

Erick Erickson

By Erick Erickson
Froma Harrop

Froma Harrop

By Froma Harrop
Jacob Sullum

Jacob Sullum

By Jacob Sullum
Jamie Stiehm

Jamie Stiehm

By Jamie Stiehm
Jeff Robbins

Jeff Robbins

By Jeff Robbins
Jessica Johnson

Jessica Johnson

By Jessica Johnson
Jim Hightower

Jim Hightower

By Jim Hightower
Joe Conason

Joe Conason

By Joe Conason
Joe Guzzardi

Joe Guzzardi

By Joe Guzzardi
John Micek

John Micek

By John Micek
John Stossel

John Stossel

By John Stossel
Josh Hammer

Josh Hammer

By Josh Hammer
Judge Andrew Napolitano

Judge Andrew Napolitano

By Judge Andrew P. Napolitano
Laura Hollis

Laura Hollis

By Laura Hollis
Marc Munroe Dion

Marc Munroe Dion

By Marc Munroe Dion
Michael Barone

Michael Barone

By Michael Barone
Mona Charen

Mona Charen

By Mona Charen
Rachel Marsden

Rachel Marsden

By Rachel Marsden
Rich Lowry

Rich Lowry

By Rich Lowry
Robert B. Reich

Robert B. Reich

By Robert B. Reich
Ruben Navarrett Jr

Ruben Navarrett Jr

By Ruben Navarrett Jr.
Ruth Marcus

Ruth Marcus

By Ruth Marcus
S.E. Cupp

S.E. Cupp

By S.E. Cupp
Salena Zito

Salena Zito

By Salena Zito
Star Parker

Star Parker

By Star Parker
Stephen Moore

Stephen Moore

By Stephen Moore
Susan Estrich

Susan Estrich

By Susan Estrich
Ted Rall

Ted Rall

By Ted Rall
Terence P. Jeffrey

Terence P. Jeffrey

By Terence P. Jeffrey
Tim Graham

Tim Graham

By Tim Graham
Tom Purcell

Tom Purcell

By Tom Purcell
Veronique de Rugy

Veronique de Rugy

By Veronique de Rugy
Victor Joecks

Victor Joecks

By Victor Joecks
Wayne Allyn Root

Wayne Allyn Root

By Wayne Allyn Root

Comics

Tim Campbell Gary Varvel David Horsey Lee Judge Joey Weatherford Bart van Leeuwen