Massachusetts 7th Grader’s Free Speech Lawsuit Over “Two Genders” T-Shirt Unlikely to Succeed, Judge Rules

A Middleborough Public School student in Massachusetts saw a setback in his First Amendment lawsuit filed against his school district and town over a t-shirt that claims there are only two genders.

On March 21, 12-year-old Liam Morrison at Nichols Middle School wore a t-shirt to school that read “There are only two genders.” According to the lawsuit, Morrison was ordered to take off the t-shirt because it violated the school’s dress code policy. The policy prohibits clothes that “state, imply, or depict hate speech or imagery that target groups based on race, ethnicity, gender, sexual orientation, gender identity, religious affiliation, or any other classification.”

Despite Morrison maintaining that the t-shirt did not cause a disruption to the school community, he was ordered to take it off. Morrison did not comply and was sent home during the school day. The next day, Morrison wore the same shirt but covered up the words “only two” and replaced it with the word “censored” instead.

Morrison was asked to remove the shirt again. In response, Morrison and his parents filed a federal lawsuit against the school district, the town, and at least two administrators. Morrison is represented by Virginia attorney Tyson C. Langhofer of the Alliance Defending Freedom and Andrew D. Beckwith of the Massachusetts Family Institute.

Earlier this month, the case came before Judge Talwani where Talwani dismissed the plaintiff’s motion for a preliminary injunctionpreliminary injunctionA preliminary injunction is a temporary court order issued before a case is finally decided that requires a party to take or stop an action while the litigation continues. Federal courts generally consider the likelihood of success, irreparable harm, the balance of equities, and the public interest before granting one.Read more →, stating that it lacked merit or was unlikely to succeed at trial based on its merits.

“Plaintiff has not established a likelihood of success on the merits where he is unable to counter Defendants’ showing that enforcement of the Dress Code was undertaken to protect the invasion of the rights of other students to a safe and secure educational environment,” Talwani wrote. “School administrators were well within their discretion to conclude that the statement ‘THERE ARE ONLY TWO GENDERS’ may communicate that only two gender identities — male and female — are valid, and any others are invalid or nonexistent and to conclude that students who identify differently, whether they do so openly or not, have a right to attend school without being confronted by messages attacking their identities.”

Langhofer shared in a statement on the judge's decision, “We are disappointed in the court’s ruling denying the opportunity to wear his shirt to school and exercise his freedom of speech,” adding, “Public school officials cannot censor a 7th grader’s free speech by forcing him to remove a shirt that states a scientific fact. Doing so is a gross violation of the First Amendment.”

In the state of Massachusetts, trans and gender non-conforming students are deemed to be a protected class under state law. In Morrison's case, the slogan on his t-shirt could be deemed offensive to students who may already feel vulnerable.

When Morrison was told that his t-shirt was “targeting a protected class,” he responded during a school board meeting with, "Who is this protected class, and are their feelings more important than my rights?" He continued, "I don't complain when I see pride flags and diversity posters hung throughout this school," he continued. "Because others have a right to their beliefs just as I do."

Langhofer maintains, “This isn’t about a t-shirt; this is about a public school telling a 7th grader that he isn’t allowed to hold a view that differs from the school’s preferred orthodoxy.”

Morrison’s legal team has shared they are planning to appeal the case to the 1st U.S. Circuit Court of Appeals.