US 6th Circuit blocks Ohio schools from punishing students for using biological pronouns, citing free speech

The US 6th Circuit Court of Appeals has ruled that Olentangy Local Schools in central Ohio cannot discipline students for referring to transgender peers by their biological pronouns. In a 10-7 decision issued November 6, the court found that the district failed to demonstrate that such usage would “materially and substantially” disrupt school activities or infringe on other students’ rights, as reported by The Columbus Dispatch.

The ruling, which overturns prior judgments by a federal judge and a three-judge appellate panel, cited the landmark Tinker v. Des Moines case of 1969, emphasising that schools cannot force one side to adopt a particular viewpoint. While the court barred punishment for the use of biological pronouns, it clarified that the district may continue to enforce its anti-harassment policies protecting transgender students from abuse.

The lawsuit, filed in May 2024 by Parents Defending Education on behalf of four district parents, argued that the school’s policies infringed upon students’ First and 14th Amendment rights by compelling them to affirm gender identities contrary to their religious and scientific beliefs.

The plaintiffs claimed their children self-censored out of fear of reprimand and sought to use pronouns consistent with biological sex rather than preferred gender pronouns. The case highlights the ongoing national debate over free speech, religious expression, and transgender rights in schools. Olentangy, the fourth-largest public school district in Ohio, spans much of Delaware County and serves tens of thousands of students, making the ruling potentially influential for similar disputes nationwide.

Court cites free speech and lack of disruption

The majority opinion determined that Olentangy Local Schools failed to prove that using biological pronouns would “materially and substantially” disrupt school activities or infringe on other students’ legal rights. The court issued a preliminary injunction barring the district from punishing students for “commonplace use of biological pronouns,” while making clear that anti-harassment protections for transgender students remain enforceable.

This ruling overturns earlier decisions by a federal judge and a three-judge appellate panel that had sided with the school district. The court referenced the 1969 Supreme Court case Tinker v. Des Moines Independent Community School District, noting that Olentangy had not shown evidence that using biological pronouns would disrupt classrooms or qualify as harassment under Ohio law.

Origins of the case

The lawsuit began in May 2024, when Parents Defending Education, a Virginia-based conservative nonprofit, filed suit on behalf of four parents in the Olentangy district. The organization challenged what it described as ideologically driven school policies that compel students to affirm beliefs about gender fluidity, which conflict with the plaintiffs’ religious and scientific convictions.

According to court filings, the children involved wished to use pronouns consistent with their biological sex rather than a peer’s preferred pronouns. The suit contended that the district’s policies had caused students to self-censor, fearing punishment if they expressed their beliefs.

Legal and social implications

The 6th Circuit’s decision highlights the ongoing national debate over gender identity, free speech, and religious expression in schools. The court emphasized that society continues to discuss whether biological pronouns are appropriate or offensive and that schools cannot compel one viewpoint over another. At the same time, the ruling reaffirmed that the district retains authority to enforce anti-bullying measures for transgender students, ensuring protection against harassment.


Broader context

Olentangy Local Schools, the fourth-largest public district in Ohio, serves tens of thousands of students across Delaware County. The case drew attention from conservative, religious, and free speech advocacy groups, as well as the ACLU of Ohio Foundation. Amicus filings, including input from the Ohio Attorney General’s office, underscored the high stakes for student speech and rights nationwide.

Legal experts suggest that the ruling could set a precedent for similar disputes across the US, particularly those involving the balance between religious convictions, student expression, and emerging gender identity policies in public schools.
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