Overview
- In a 10–7 en banc ruling, the Sixth Circuit reversed a 2024 panel decision and said Olentangy’s rules likely constitute compelled speech and viewpoint discrimination.
- The court concluded the district offered no evidence that students’ use of so‑called biological pronouns would materially disrupt school activities or infringe others’ legal rights.
- On remand, U.S. District Judge Algenon Marbley entered a preliminary injunction blocking enforcement of the pronoun provisions while preserving authority to address conduct that meets legal harassment thresholds.
- The challenged policies covered classroom speech and an electronic‑devices rule reaching off campus, discouraged language deemed demeaning, and urged use of self‑identified pronouns, which the district says have not prompted discipline.
- Judge Jane Stranch dissented in an opinion avoiding gendered pronouns, and broad amicus participation from states and advocacy groups underscored interest as the ruling’s reach for other districts remains uncertain.