Judge rules in favor of trans students after parents’ rights group sues for the right to misgender

A federal judge has ruled on the side of trans rights after a conservative group tried to overturn an Ohio school district’s anti-bullying policy.

The national conservative group Parents Defending Education (PDE) tried to get a preliminary injunction passed on the Olentangy Local School District’s prohibition on misgendering trans students. The policy includes students, teachers, and parents and it applies to out-of-school hours and social media as well.

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PDE’s lawsuit claimed the policy is unconstitutional because “they compel speech, discriminate based on content and viewpoint, and are unconstitutionally overbroad.”

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U.S. District Chief Judge Algenon L. Marbley disagreed, writing in his opinion that “ultimately, transgender youth are far too often subject to harassment and bullying in public schools. They are threatened or physically injured in schools at a rate four times higher than other students. They are harassed verbally at extraordinarily high rates. More than one in five attempt suicide…. Allowing speech that creates a hostile environment for transgender students can have devastating consequences.”

Citing another case, Marbley also reminded PDE that “the fundamental right of parents to direct the care, upbringing, and education of their children does not encompass a right ‘generally to direct how a public school teaches their child’ or how the school disciplines their child.”

This is seemingly a direct indictment of the right-wing’s “parent’s rights movement,” the belief that parents should have the power to control everything their children are exposed to at school. The fight for “parent’s rights” has been a thinly veiled way to advocate for banning LGBTQ+ content and lessons about race from schools.

A statement from the district lauded the judge’s decision and said that it “affirms our commitment to maintaining a safe learning environment where all feel welcome and supported. We will continue to do so and are looking forward to another great school year.”

According to local news outlet WCMH, PDE is appealing the decision.

If you or someone you know is struggling or in crisis, help is available. Call or text 988 or chat at 988lifeline.org. The Trans Lifeline (1-877-565-8860) is staffed by trans people and will not contact law enforcement. The Trevor Project provides a safe, judgement-free place to talk for youth via chat, text (678-678), or phone (1-866-488-7386). Help is available at all three resources in English and Spanish.