Supreme Court Rejects Appeal Over ‘Two Genders’ Shirt Ban at School

The U.S. Supreme Court has declined to hear a case brought by a middle school student seeking to wear a shirt stating “There are only two genders” on campus, effectively upholding lower court rulings that the school’s actions did not violate the First Amendment.

According to the Los Angeles Times, the case involved Liam Morrison, a student at Nichols Middle School in Middleborough, Massachusetts, who filed a free speech appeal after being disciplined for wearing a T-shirt with the phrase during class in March 2023, when he was 12 years old.

Courts say shirt posed threat to learning environment

The incident occurred ahead of Pride Month campaigns on campus. The school had encouraged students to wear rainbow-colored clothing to show support for LGBTQ students, and posters promoting transgender and LGBTQ protections were displayed throughout the building.

Morrison wore the shirt to express disagreement. A teacher saw it during class and reported it to the principal, citing concerns that it might provoke backlash from LGBTQ students. The school asked Morrison to change shirts, and when he refused, he was sent home.

Days later, Morrison returned to school wearing a modified shirt with the words “only two” covered by tape reading “censored.” School officials again barred him from wearing it.

Morrison filed a lawsuit claiming the school violated his First Amendment rights. A federal district court in Boston ruled that the shirt’s message could threaten the learning environment of other students. The First U.S. Circuit Court of Appeals upheld the decision, stating that even if not directed at any individual, the message could disrupt the school community.

The Supreme Court’s decision leaves those rulings in place. Of the nine justices, only Justice Samuel Alito and Justice Clarence Thomas dissented, supporting Morrison’s petition.

In his dissent, Justice Alito wrote that while schools promote messages supporting diverse gender identities, they have censored opposing views, and the Court should clarify the boundary between student speech rights and school authority.

Alliance Defending Freedom (ADF), the legal organization representing Morrison, said the student’s right to express opinions on gender ideology must be protected.

The case comes as President Donald Trump intensifies his stance on gender issues. In January, he signed Executive Order 14168, affirming federal recognition of only male and female genders. In February, he issued Executive Order 14201, barring transgender athletes from women’s sports and warning that states failing to comply could lose federal funding.

BY HANKIL KANG [kang.hankil@koreadaily.com]