Ohio parents win appeals court decision against school district’s anti-misgendering rule

A federal appeals court has ruled that an Ohio school district cannot require students to use opposite-sex pronouns when referring to their transgender and nonbinary classmates, in a decision hailed by supporters as a victory for free speech.

In a 10-7 opinion, the full 6th Circuit Court of Appeals overruled previous decisions in favor of the Olentangy Local School District, finding that the First Amendment concerns of parents and students outweighed the district’s concerns about bullying and harassment.

“A school district may not restrict personal speech on matters of public concern unless the speech would ’materially and substantially disrupt’ school activities or infringe the legal ’rights of others’ in the school community,” said Circuit Judge Eric E. Murphy, a Trump appointee, in the Thursday opinion.

“In this case’s current posture, the school district has fallen far short of meeting this demanding standard. It introduced no evidence that the use of biological pronouns would disrupt school functions or qualify as harassment under Ohio law,” he said.

A three-judge panel of the appeals court ruled last year in favor of the school district, as did U.S. District Judge Algenon Marbley, in denying the preliminary injunction sought by the parents’ rights group Defending Education.

The decision drew four concurring opinions and one dissent, an indication that judges continue to wrestle with the ability of school districts to impose rules and discipline versus the rights of students not to speak messages with which they disagree.

Defending Education, which represents the four anonymous parents suing the district, cheered the decision as a “watershed moment in the fight for parental rights and free speech for students.”

“We are deeply gratified by the Sixth Circuit’s intensive analysis not only of our case but the state of student First Amendment rights in modern era,” said Defending Education President Nicole Neily. “The court’s decision — and its many concurrences — articulate the importance of free speech, the limits and perils of public schools claiming to act in loco parentis, and the critical role of persuasion — rather than coercion — in America’s public square.”

In 2023, Defending Education filed a lawsuit challenging the district’s anti-discrimination policy after a parent asked if their child would be forced “to use the pronouns that a transgender child identifies with or be subject to reprimand from the district if they refuse to do so.”

The district replied that a student “purposefully referring to another student by using gendered language they know is contrary to the other student’s identity would be an example of discrimination under Board Policy,” according to the legal filing.

🚨BREAKING: Defending Ed wins against Olentangy School District, which sought to compel students to use others’ preferred pronouns. https://t.co/OqrbEccqSf

— Defending Education (@DefendingEd) November 7, 2025

Defending Education sought a preliminary injunction blocking the district from enforcing its policy, while the district argued that it has never disciplined a student for violating its anti-harassment rules over the use of pronouns.

In September 2024, the district sought to declare the case moot after the board of education added a First Amendment disclaimer to its anti-harassment rule, but the court said the changes didn’t go far enough.

“To the contrary, the School District admits that it will continue to bar what it call ’misgendering’ if it determines that this speech ’rises to the level of bullying or harassment,’” said Judge Murphy. “The District thus might punish a student for using biological pronouns because the District could perceive that speech as creating an ’offensive’ educational environment — no matter the student’s audience, the student’s good faith, or any other circumstance.”

Filing a dissent was Senior Circuit Judge Jane E. Stranch, an Obama appointee, who said that students who object to using preferred pronouns may refer to their transgender classmates by their first or last names.

“Remember, this lawsuit was brought by Defending Education, but none of its members have asserted that any school or District official has required any child to use another student’s preferred pronouns,” said Judge Stranch. “Defending Education has, accordingly, not demonstrated unconstitutional compulsion of speech.”

In a statement, Olentangy Local Schools said it “remains committed to creating a safe and inclusive environment that facilitates maximum learning for every student” and expects “all students treat one another with dignity and respect.”

“We look forward to continuing to participate in the legal process to strike the appropriate balance between protected speech and ensuring protection against bullying and harassment,” the district told NBC4 in Columbus.

John Bursch, Alliance Defending Freedom senior counsel, applauded the court’s decision.

“First Amendment rights don’t disappear behind school doors — whether you’re a teacher, parent, or student,” he said in a statement. “For many, the choice of pronouns communicates their belief that sex is immutable, and to use pronouns or names that reflect a gender identity inconsistent with sex violates their core convictions and tells a harmful lie. Schools can’t force students who hold that belief to use other pronouns instead.”