Federal Court Rules Against Student Who Wore “Only Two Genders” Shirt

Following a student’s inability to comply with its directive, a middle school in Massachusetts issued a punishment. The school had asked the student to take off a top that read, “There are only two genders.” Consequently, the student filed a lawsuit with the First Circuit Court of Appeals.

In March 2023, the school instructed eighth-grader Liam Morrison to take off a tagged shirt that was deemed inappropriate. Morrison had filed a lawsuit accusing the military school of breaching his First Amendment rights. The school instructed eighth-grader Liam Morrison to take off a tagged shirt that was deemed inappropriate. 

However, on Sunday, June 9, 2024, the federal court issued a verdict reaffirming the school’s decision. The federal appeals court stated that Nichols Middle School had not violated Morrison’s First Amendment rights in its decision. The federal court had upheld a previous ruling by the district court. 

According to David Cortman, he claimed that the lawsuit was not about clothes but about a school attempting to control its students. Cortman said that it was about public schools preventing anyone from having a different opinion from theirs. Cortman is the senior counsel of the  Alliance Defending Freedom and the vice president of U.S. Litigation.

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The organization has taken up the case and is advocating for the Morrison family, along with the Massachusetts Family Institute. When the incident happened in 2023, Morrison was in the seventh grade.

According to court documents, after Morrison decided against removing the top, he was subsequently sent home with his father. Later, he wore the same shirt with the words “only two” covered in tape that read censored. The school had asked for him to remove the top and ensure he no longer wore the shirt on its grounds.

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When Morrison was first ordered to take off the clothing, his father contacted the school. According to the verdict, the shirt targets gender identification in protected class kids, school officials, and the dress code.

Chief Justice Barron stated that Morrison’s shirt can degrade transgender and gender-nonconforming students at NMS.”Whether or not the t-shirts should have been prohibited is not the subject at hand. Barron stated, “The question is, should federal courts or educators determine whether to prohibit them?

 “We cannot claim that in this case, the educators closest to the situation are the ones who should exercise the delicate (and possibly consequential) judgment regarding what would constitute ‘an environment conducive to learning’ at NMS,” according to the Constitution.

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In an interview in December 2023, Morrison clarified his T-shirt wasn’t meant for LGBTQ+ individuals. Morrison had just voiced his opinion about a statement that he believed to be true. Even if it’s not personal criticism, he said, he worries that some people would interpret it as such.

According to Cortman, the foundation of the legal system is that the government cannot curb free speech because it disagrees with certain statements. Cortman added that the school promotes gender views through posters and events. He also said the school encourages its students to wear related messages as long as they are by its preferred views on the subject.

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