The U.S. Supreme Court has decided it will not hear the appeal of a Massachusetts student who was barred from wearing a T-shirt to school that read, “There are only two genders.” The decision effectively leaves in place the rulings of lower federal courts, which sided with the school district and held that the restriction didn’t violate the student’s First Amendment rights.
But the refusal wasn’t unanimous. Justices Clarence Thomas and Samuel Alito made it clear they disagreed with the Court’s decision to stay out of the fight. Both argued that the lower courts mishandled the case and twisted long-standing First Amendment standards.
Alito, joined by Thomas, emphasized that if a school is free to teach students about social topics like LGBTQ+ rights or gender identity, then it must also make room for opposing viewpoints — even those that spark controversy or discomfort. In his words, “If a school sees fit to instruct students of a certain age on a social issue like LGBTQ+ rights or gender identity, then the school must tolerate dissenting student speech on those issues.”
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