A federal appeals court delivered a significant ruling on Thursday, determining that an Ohio school district had breached students’ rights to free speech by enforcing rules that limited the use of gendered language in classrooms.

The Sixth U.S. Circuit Court of Appeals found that the Olentangy Local School District, located near Columbus, was not permitted to penalize students for using gender-specific terms, even if such language might be deemed offensive by some individuals.

Parents Defending Education, a prominent national organization advocating for parental rights, initiated legal action against the district in 2023. The group argued that the district’s mandate on pronoun usage infringed upon students’ First and Fourteenth Amendment rights. School officials defended the policies, stating they were implemented to reduce bullying and foster inclusivity.

The court, in its majority opinion, stated that the district significantly failed to demonstrate that permitting such speech would lead to disruptions or violate the rights of others.

This ruling is seen as a pivotal moment in the ongoing debate over free speech and inclusivity in educational settings. (AP Photo of the William McKinley Monument near the Ohio Statehouse in Columbus, Ohio, taken on April 15, 2024, accompanies this article.)

“Our society continues to debate whether biological pronouns are appropriate or offensive — just as it continues to debate many other issues surrounding transgender rights,” Circuit Judge Eric Murphy wrote for the majority. “The school district may not skew this debate by forcing one side to change the way it conveys its message or by compelling it to express a different view.”

In her dissent, Circuit Judge Jane Stranch avoided using any gendered pronouns, writing that adapting to new linguistic norms “may be new for some” but remains “entirely possible.” She noted that social customs around pronouns “have evolved throughout American history.”

The Sixth U.S. Circuit Court of Appeals ruled that the Olentangy Local School District may not bar students from using gendered language considered by others to be offensive. (iStock)

The decision overturns a 2024 ruling from a separate Sixth Circuit panel that had sided with the district. The case now returns to U.S. District Judge Algenon Marbley in Columbus, who must issue an injunction blocking enforcement of the policy.

District rules discouraged students from using language related to gender that could be seen as disrespectful or demeaning, and urged them to use classmates’ self-identified pronouns instead.

The district’s policies prohibited the use of gender-related language that other students might view as insulting, dehumanizing, unwanted or offensive. (Stefani Reynolds/Bloomberg via Getty Images)

A separate policy governing students’ use of personal devices extended those restrictions beyond school grounds, prohibiting content that could be interpreted as harassing or disparaging toward others’ gender identity or sexual orientation.

It remains unclear how widely the ruling will apply. An Ohio teachers’ union told the court that Olentangy’s policies resemble those in other districts across the state.