A Massachusetts middle school student who was not allowed to attend class because he was wearing a T-shirt stating there are only two genders has taken his case to the Supreme Court, asserting his First Amendment rights to free speech.
A student identified as L.M. in a court filing asked the justices to take up his case through his attorneys with Alliance Defending Freedom after he wore a shirt bearing the statement “There are only two genders.”
“L.M. is a student whose public school promoted the viewpoint that sex and gender are limitless, based on personal identity, and have no biological foundation. The school invited students to voice their support for this view. But L.M. disagreed and responded by wearing a T-shirt to class that said ‘There are only two genders.’ After the school censored him, he wore a protest T-shirt that said ‘There are [censored] genders.’ Despite no past or present disruption, the school district prohibited both T-shirts,” L.M.’s petition reads.
In early 2023, L.M. who was in seventh grade, wore the shirt after school officials were teaching about gender identity in a manner that presented it as an unlimited choice unrelated to biology.
Students were encouraged to wear rainbows, according to L.M.’s filing. He opted to wear his shirt stating there are two genders instead.
His school, Nichols Middle School in Middleborough, Massachusetts, required him to remove the shirt or else miss class that day. He refused and opted to miss class. Officials reasoned the shirt targeted a protected class of students.
The lower court sided with the school, reasoning the shirt could cause a disruption.
It would take four justices to vote in favor of hearing L.M.’s case for oral arguments to be scheduled.
A spokesperson from the school did not immediately respond to a request for comment.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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