The battle over a Middleboro, Massachusetts, middle school student's right to wear a shirt proclaiming "only two genders" took center stage in front of a federal appeals court on Thursday, the Boston Herald reported.
Liam Morrison, an 8th-grade student, found himself amid a legal dispute after school officials prohibited him from donning attire to express his viewpoint.
Represented by lawyers from the Alliance Defending Freedom (ADF), Liam's case hinges on First Amendment rights, with his legal team contending that the school district infringed upon his freedom of expression. The shirt which sparked the dispute bore the phrase "There are only two genders," a statement that clashed with the school's promotion of inclusivity during Pride month.
ADF Senior Counsel David Cortman argued before the U.S. Court of Appeals for the First Circuit in Boston, emphasizing that the school's actions amounted to censorship and stifling of dissenting voices. Cortman highlighted that Liam's attire merely countered the school's perspective, seeking to engage in a dialogue rather than provoke hostility.
"When the Middleboro principal pulled Liam out of class last year and told him he had to take off his shirt, the principal said they had received complaints about the words on his shirt — and that the words might make some students feel unsafe," Cortman stated.
In response to the school's stance, Liam opted to wear a modified shirt reading, "There are censored genders," prompting a similar directive from school officials.
"This isn't just about a shirt. It's about free speech," Liam asserted outside the federal courthouse, emphasizing the importance of safeguarding students' constitutional rights.
However, Deborah Ecker, legal representation for the Middleboro school district, argued that allowing such expression could harm nonbinary students and disrupt the school environment. Ecker defended the school's decision to intervene, citing concerns about potential disruptions and safeguarding the well-being of all students.
The Middleboro school district annually commemorates Pride month by displaying Pride flags and sending the message that there are "an unlimited number of genders," Cortman told the appeals court.
A U.S. district judge previously issued a favorable ruling for the Middleboro school officials.
"Characterizing the statement that 'there are only two genders' as it is being merely offensive trivializes the significant harm that could occur to nonbinary students who are captive in this classroom looking at it," Ecker told the appeals court.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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