In a recent ruling, the 1st U.S. Circuit Court of Appeals sided with Nichols Middle School in Middleborough, Massachusetts, stating that the school did not violate a student's free speech rights by requiring him to stop wearing a T-shirt that said "There are only two genders." The appeal court's decision has sparked further debate around school policies regarding the protection of LGBT students and their gender identities.

The case involved Liam Morrison, a 12-year-old student at Nichols Middle School who wore the controversial T-shirt in seventh grade to voice his disagreement with the school's support for the notion that biology alone does not determine gender. Educators at the school, citing concerns over the message's potential to demean transgender and gender non-conforming students, asked Morrison to remove the shirt or leave for the day. This incident occurred in April 2023 and generated media coverage and protests.

With the support of the conservative Christian legal group Alliance Defending Freedom, Morrison's lawyers argued that the school's dress code policy violated his First Amendment rights by considering his shirts as hate speech. They contended that the shirts were a political expression and did not warrant censorship. However, Chief U.S. Circuit Judge David Barron, along with two other appointees of Democratic presidents, ruled that the shirts conveyed a message that male and female were the only valid gender identities, which could be perceived as demeaning to transgender and gender non-conforming individuals.

Judge Barron defended the school's decision, stating that educators have legal discretion to determine whether certain forms of expression may be harmful or disrespectful to others. He emphasized that the court's role was not to decide whether or not the shirts should have been banned, but rather to affirm that educators have the authority to make such judgments, rather than federal judges.

The ruling upholds the decision of a trial court judge, leaving Morrison's legal team with the option to either appeal to the full 1st Circuit for reconsideration or escalate the case to the U.S. Supreme Court. Morrison's lawyers have expressed their intention to pursue further legal action in defense of his free speech rights.

The outcome of this case adds to the growing number of lawsuits brought by conservative litigants challenging school policies aimed at protecting LGBT students from harassment and ensuring inclusivity. It raises important questions about the balance between free speech rights and the responsibility of educational institutions to create a safe and respectful environment for all students, regardless of their gender identities.

The school's lawyer has not provided an immediate response to this ruling. This decision will likely continue to fuel the ongoing debate surrounding these sensitive topics in educational settings.