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Supreme Court declines appeal over Massachusetts student's 'only two genders' T-shirt ban

By stepping aside, the court leaves intact a ruling deeming the message likely to disrupt classes, given its potential to harm transgender or gender-nonconforming pupils.

FILE - Supreme Court is seen on Capitol Hill in Washington, April 25, 2024. (AP Photo/J. Scott Applewhite, File)
A U.S. Supreme Court Police officer leans against the statue titled the Contemplation of Justice along the front steps of the U.S. Supreme Court building in Washington, D.C., U.S., April 8, 2025. REUTERS/Jonathan Ernst/File Photo
The US Supreme Court in Washington, D.C., on Sunday, March 2, 2025.

Overview

  • The Supreme Court on May 27 refused to review a lower court decision that upheld John T. Nichols Middle School’s dress code restriction on the T-shirt.
  • A federal appeals panel found that the slogan “There are only two genders” could negatively affect transgender and gender-nonconforming students’ ability to concentrate in class.
  • Liam Morrison, then a seventh grader, wore the shirt in March 2023 to express his view on sex and gender identity and later attempted a censored version.
  • Justices Samuel Alito and Clarence Thomas dissented, warning that the case raises vital questions about suppressing viewpoint-based student speech.
  • The ruling coincides with the court’s upcoming decision on a challenge to Tennessee’s ban on gender-affirming medical care for minors.