The U.S. Supreme Court on Tuesday declined to hear a case challenging a Massachusetts school district’s decision to block a middle school student from wearing a T-shirt that read, “There are only two genders.”
Justices Clarence Thomas and Samuel Alito dissented, arguing that public schools must allow dissenting speech when discussing social topics like LGBTQ+ rights. “If a school sees fit to instruct students of a certain age on a social issue like LGBTQ+ rights or gender identity, then the school must tolerate dissenting student speech on those issues,” Alito wrote.
The student, identified as L.M., sued Middleborough Public Schools after being told to remove shirts with messages that also included “There are censored genders.” He was represented by Alliance Defending Freedom, a conservative legal group.
Lower courts sided with the district, citing student welfare and potential disruptions. Administrators submitted affidavits referencing the mental health risks to transgender students, including suicidal ideation and past trauma.
Though the court rejected this petition, it will hear another major case this term on whether bans on gender-affirming care for minors violate the Constitution.
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