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A Federal Court Upheld an Ohio School District’s Ban on Anti-Trans Bullying

Started by Jessica_Rose, July 30, 2024, 10:53:56 AM

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Jessica_Rose

A Federal Court Upheld an Ohio School District's Ban on Anti-Trans Bullying

https://www.msn.com/en-us/news/us/a-federal-court-upheld-an-ohio-school-district-s-ban-on-anti-trans-bullying/ar-BB1qTDVs?ocid=windirect&cvid=57d0e26a17194614b5fda336cf94992f&ei=22

Story by James Factora (30 July 2024)

A federal court has found that an Ohio school's trans-inclusive anti-bullying policy does not violate the right to free speech...

The Sixth U.S. Circuit Court of Appeals issued the 2-1 decision on Monday, affirming a lower court decision finding that the Olentangy Local School District (OLSD), located 21 miles north of Columbus, has the right to enforce its anti-bullying policy, which prohibits intentional misgendering. The policy bans harassment, intimidation and bullying against people in protected classes both on and off campus and through their cell phones.

... Parents Defending Education (PDE) filed a lawsuit against the OLSD Board of Education in May 2023, requesting a preliminary injunction that would block the policy from being enforced. The organization argued that the expanded policy violated the First Amendment by compelling students "to affirm the idea that gender is fluid," which could violate their religious beliefs.

U.S. District Chief Judge Algernon L. Marbley denied PDE's request for a preliminary injunction in July 2023, writing that the plaintiff had "failed to establish a substantial likelihood of success on its First Amendment claim." He additionally pointed out the heightened risk that trans children face in school environments, writing, "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..."

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