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Supreme Court Declines to Hear Student’s Appeal Over ‘Only Two Genders’ T-Shirt Ban

It upholds that schools can bar student expression under dress codes to protect transgender students from potentially demeaning messages.

Overview

  • John T. Nichols Middle School enforced its dress code in March 2023, citing concerns about the impact of a ‘There are only two genders’ slogan on transgender and gender-nonconforming students’ well-being.
  • The Boston-based 1st U.S. Circuit Court concluded that the message could reasonably disrupt classroom concentration and affirmed the school’s authority to restrict it.
  • Conservative legal group Alliance Defending Freedom represented the seventh grader, arguing that barring the shirt violated his First Amendment rights.
  • Justices Samuel Alito and Clarence Thomas dissented from the decision, warning that schools should not suppress viewpoints they disfavor.
  • The refusal to review the case arrives as the Supreme Court prepares to rule on a separate transgender rights dispute over bans on gender-affirming medical care for minors.