Overview
- In a 10–7 en banc ruling, the court said Olentangy schools cannot bar students from using biological pronouns for classmates.
- Judge Eric Murphy’s majority opinion said the district showed no evidence of material disruption or harassment under Ohio law.
- The court characterized the policy as compelled speech on a matter of public concern and discriminatory against one viewpoint.
- The opinion noted the district’s rules reached beyond campus, including students’ personal speech on social media.
- A dissent led by Judge Jane Stranch argued schools may reasonably forecast disruption to prevent harm, and a prior panel had sided with the district as questions about a possible Supreme Court appeal remain.