COLOMBUS, Ohio (AP) — Cincinnati’s sixth U.S. Circuit Court of Appeals pits the policy of a suburban Ohio school district on Wednesday to hear debate in a legal dispute requiring the use of the freedom of speech of classmates who believe there are only two pronouns of student preference.
The lawsuit filed in 2023 by parents defending education, a national Christian organization, against the Olentangy local school district, attracted the attention of a wide range of nationals, from groups ranging from the American Civil Liberties Union to the conservative Manhattan Institute. The Ohio Lawyer General is calling for 22 US states to take part in oral debate on behalf of the 22 US states who are interested in the case.
The lower court rejected the group’s argument that the policy violated students. First fix and 14th revision Rights, and the three judge panel of judges from the Sixth Circuit confirmed its decision in July.
The full court will reconsider its decision at a rare banc hearing on Wednesday. Here’s what you need to know:
What policies are involved?
The lawsuit has been troubled by overlapping district policies that prohibit the use of gender-related languages that other students may deem insult, dehumanizing, unwanted or offensive, and calling for peers to use “preferred pronouns.”
The district’s electronics policy (which applies both school hours and holidays) prohibits sending out “destroying” materials or materials that are considered to harass or underparage other students based on their gender identity or sexual orientation, whether in other categories.
Another anti-differentiation policy prohibits students from engaging in “discriminatory language” when they are under school authority. This is defined as “oral or written comments, jokes, and slures that are disgusting to an individual or group based on one or more characteristics of race, color, national origin, gender, gender, transgender identity), disability, age, religion, ancestor, or genetic information.”
The district’s code of conduct reflects many of the same themes for the third time.
What is the parent group position?
Parents defending education, founded in 2021 amid the culture war surrounding schools.” Teachings about race, diversity and sexualityargues that the policy forces students and parents in their group to “affirm the idea that gender is fluid” in conflict with their religious beliefs.
“These students have the view that the district is imminent,” the group wrote in a court filing. “Specifically, people are either male or female, and I believe that biological sex is constant and gender does not change accordingly.
The group argues that the policy forces unconstitutional and “point-based” speeches by forcing students who only believe in two genders to use pronouns that suggest that they are not. They say it violates the same protections as the initial amendment guarantee for free speech included in the 14th Amendment, particularly as students are subject to penalties for breaching the policy.
Advocating education parents will further challenge their electronics policies to apply school out-of-hours and school real estate. The ACLU sides with the parent group in this regard, claiming that district policy is broad.
What is the location of the school district?
The Orentanzie Regional School District, outside of Columbus, one of the state’s largest districts, maintains policies that protect students from abuse and harassment, claiming that their parents represent “Christian, cisgender” students.
“They are not illegal immigrants who are subject to deportation. “They are members of those who want to openly express their opposition to the historically malicious minority group, transgender people.”
Olentantangy argues that parents defending education were unable to provide evidence of injuries as the lawsuit was filed before disciplinary action was filed against the student. The district also says that the policy keeps other options open for students who don’t want to use the pronouns of someone’s preference. That includes calling people with their first name, using gender-neutral pronouns, or simply not referring to them at all.
The availability of such options is a debate over a policy that calls for students to say certain things that are unconstitutional, and played a role in the 2-1 ruling of a three-judge panel last summer.
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