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School “There Are Only Two Genders” T-Shirt Ban Upheld By MA Federal Court

School “There Are Only Two Genders” T-Shirt Ban Upheld By MA Federal Court

Court comes close to adopting the “words are violence” campus mantra, finding the words on the t-shirt put other students at risk. And you can’t even mock the ban by putting “Censored” over the censored words. That is banned too.  Hopefully this absurd ruling will be overturned on appeal.

I’m asked from time to time whether the radical race and gender ideologies penetrating deeply into all levels of education eventually will corrupt the legal system, harming our freedom of speech and other individual rights. Usually the question regards Critical Race Theory and its progeny, such as “Diversity, Equity, and Inclusion” and Ibram Kendi’s “anti-racism.”

The short answer is yes, but not in the way you expect.

The legal system will be corrupted for the same reason free speech has suffered on campuses – various forms of the “words are violence” argument. You see, the argument goes, we are not stifling speech, we are stifling the harm you cause the listener or reader of the words. The non-legal term “hate speech” usually is the banner under which this censorship flies. Your words allegedly are the equivalent of a violent assault causing physical and emotional manifestations that themselves are not speech, and in the educational context, damage the educational opportunities of others by making them feel unsafe.

This turns freedom of speech into a power play — who gets to decide what is “hate speech” turns into who has political and cultural power.

The fiercest cultural battle is being fought by gender identity activists, and as a Massachusetts federal court decision that was just handed down shows, the courts—or at least that judge—are ready to sacrifice free speech in school for the comfort of the gender-identity cultural and political power.

The case involved a t-shirt worn by “LM”—a middle school student at Middleborough, Massachusetts—that said “There are only Two Genders”. The school made him take it off. At a later date, he wore the shirt again with the words “two genders” covered over with masking tape that said “Censored.” They made him take it off again.

This seems like it should be a slam dunk for the student. The First Amendment does not stop at the school door, though schools do have some leeway to prevent disruption of the educational process. That’s a loophole that a federal judge just drove a truck through to uphold the censorship of a completely common and traditional opinion unpopular with school officials and gender identity activists on the grounds that it made some students feel unsafe and at at risk.

In the Order denying a preliminary injunction, the court found that the student could not prove a likelihood of success on the merits (required for an injunction).

First, the judge laid the groundwork for the equivalent of the campus “words are violence” mantra by reciting claims that LGBTQ+ students are at risk of suicide:

Student survey data collected in June 2022 at Nichols “show over 20 individual student[]  comments about perceived bullying at school, feeling unwelcome at school, and expressing specific concerns about how the LGBTQ+ population is treated at school.” Affidavit of Carolyn Lyons (“Lyons Aff.”) ¶ 23 [Doc. No. 45]. Lyons is aware of several Nichols students, including “members of the LGBTQ+ community,” having attempted to commit suicide or having had suicidal ideations, and that “[t]hese situations have frequently cited LGBTQ+ status and treatment as a major factor.” Id. at ¶ 25. In July 2022, one Middleborough High School student committed suicide. Id.; see also Second Affidavit of Heather Tucker (“Tucker Aff.”) ¶ 32 [Doc. No. 46] (Tucker was informed of the student suicide). Before assuming her position at Nichols, Tucker had met with parents of students and students themselves who have been bullied “because of the lack of acceptance of their gender identify.” Tucker Aff. ¶ 2 [Doc. No. 46]. Tucker has also worked closely with students who have been hospitalized for attempted suicide or suicidal ideation or who have self-harmed “because of their gender identity.” Id. Tucker is aware of several students at Nichols who identify as “transgender or gender nonconforming.” Id. at ¶ 31.

In January 2022, May 2022, and January 2023, teachers and staff at Nichols received training “to further the goal of providing support to students who are part of the LGBTQ+ community.” Lyons Aff. ¶ 24 [Doc. No. 45].

Second, the judge explained the prevailing gender ideology culture in the district:

Nichols promotes messages commonly associated with “LGBTQ Pride.” Affidavit of L.M. (“L.M. Aff.”) ¶ 5 [Doc. No. 43]. Nichols also observes events like “Pride Month,” and “Pride Day” in support of the “LGBTQ+ community.” Tucker Aff. ¶ 27 [Doc. No. 46]. Nichols has had a Gay Straight Alliance Club since at least 2018, “[t]o further the goal of providing support to students who are part of the LGBTQ+ community.” Lyons Aff. ¶ 22 [Doc. No. 45]. The club is a student-run organization, id., that is intended as a space for students who “fit under the LGBTQ+ umbrella or are their allies.” Tucker Aff. ¶ 31 [Doc. No. 46]. Generally, approximately ten to twenty students attend the club meetings. Id.

And third, the judge addressed the school’s rules against disruptive speech as reflected in a dress code barring, among other things, “hate speech”:

… The Dress Code provides, in relevant part, that Nichols: expect[s] all students to conform to the following:

• Clothing must not 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.
• Any other apparel that the administration determines to be unacceptable to our community standards will not be allowed.

Id. The Dress Code states further that “[i]f students wear something inappropriate to school, they will be asked to call their parent/guardian to request that more appropriate attire be brought to school. Repeated violations of the [D]ress [C]ode will result in disciplinary action.” Id

The court further agreed with the district that wearing a t-shirt that said “there are only two genders” put students at risk of harm and was disruptive:

…. So while students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” schools may impose limitations on speech. Tinker, 393 U.S. at 506. “[C]onduct by the student, in class or out of it, which for any reason–whether it stems from time, place, or type of behavior–materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional guarantee of freedom of speech.” Id. at 513. This interest in regulating speech is at its strongest when the speech occurs under the school’s supervision, where the school stands in loco parentis towards all students, and of lesser interest where the speech or expression occurs outside of school. Mahonoy Area Sch. Dist. v. B.L., 141 S.Ct. 2038, 2046 (2021).2 While a school bears the burden of justifying restrictions on student speech, Norris on behalf of A.M. v. Cape Elizabeth Sch. Dist., 969 F.3d 12, 25 (1st Cir. 2020), courts should generally defer to school administrators’ decisions regarding student speech so long as the administrators’ judgment is reasonable, id. at 30.

* * *

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. 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,3 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. As Tinker explained, schools can prohibit speech that is in “collision with the rights of others to be secure and be let alone.” 393 U.S. at 508.

3 L.M. attests that he does not believe his views about sex and gender to be inherently hateful and does not intend to deny any individual’s existence. L.M. Aff. ¶¶ 8-9 [43]. His intent is not relevant to the question of whether the school permissibly concluded that the Shirt invades the rights of others.

* * *

Here, the School’s rational for prohibiting the Shirt is not that LM is bullying a specific student, but that a group of potentially vulnerable students will not feel safe. A broader view directed at students’ safety has been acknowledged by other courts. See, e.g., West v. Derby Unified Sch. Dist. No. 260, 206 F.3d 1358, 1366 (10th Cir. 2000) (holding the display of the confederate flag may interfere with the rights of others to be secure) ….

Accordingly, Plaintiff has not shown a substantial likelihood of success on his claim that Defendants violated his constitutional rights in requiring him to remove the Shirt at school.4

The court then went on to find no likelihood of success as to other aspects of enforcement of the dress code as to the shirt nor that the dress code was overly broad.

In a ruling that comes close to fully embracing the “words are violence” mantra, the court found that the balancing of the equities (also required for an injunction) did not favor the student:

Defendants, by contrast, contend that, were an injunction to issue, the hardship to Defendants and students at Nichols would not be insignificant. First, Defendants contend that the Shirt would cause harm to students who identify as transgender or gender nonconforming because it would prevent them from attending school without harassment. See Defs. Opp. 17-19 [Doc. No. 44]. Second, Defendants contend that, were Plaintiff permitted to wear the Shirt, Defendants would fail to comply with their mandate from the Massachusetts Legislature prohibiting discrimination, bullying, or harassment in schools based on gender identity or expression and directives from the Massachusetts Department of Elementary and Secondary Education (“DESE”) requiring that schools provide a safe environment to progress academically and developmentally regardless of gender identity….

While Plaintiff may experience some limited restriction in his ability to convey a specific message during the school day absent injunctive relief, were an injunction to issue, the court credits Defendants’ contention that other students’ rights to be “secure and to be let alone” during the school day would be infringed upon, as would Defendants’ ability to enforce policies required under state law and
regulations. Accordingly, this prong weighs against Plaintiff’s requested relief.

Marina Medvin called it a “Bonkers ruling.” It’s worse than that, it’s extremely dangerous to our First Amendment free speech rights based on the same hocus pocus that results in safe spaces on campuses because “words are violence.”

Expression of a viewpoint that until a few years ago was the norm—there are two genders—is now banned. And you can’t even mock the ban by putting “Censored” over the censored words. That is banned, too.  Hopefully this absurd ruling will be overturned on appeal.

This is a sign of things to come.  As mentioned before, “You may not be interested in culture war, but culture war is interested in you.”

[Featured Image via Alliance Defending Freedom]


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New t-shirt.

Front: “There are only two.”


    Subversive. I like it. 😛

      I’d like it more if he knew the difference between “sex” and “gender”.

        ahad haamoratsim in reply to txvet2. | June 18, 2023 at 2:14 am

        True. In English, unlike many other languages, neuter is the third gender, isn’t it?
        In Romance & Semitic languages, among others, one would have to ask ‘isn’t he’ or ‘isn’t she’.

        Crawford in reply to txvet2. | June 18, 2023 at 9:23 am

        The people he’s criticizing don’t know the difference, and using their terms gets the message across.

    SeiteiSouther in reply to oldschooltwentysix. | June 19, 2023 at 10:49 am

    I quaintly remember back in the early 80’s our middle school banned the Rush T-Shirt with the Starman logo from their 2112 album because some paste eaters in Admin thought it was a pentagram.

    Those were the days.

      JohnSmith100 in reply to SeiteiSouther. | June 20, 2023 at 9:56 am

      Years of experience with school administrators taught me that they were really similar to used car salesmen and tin horn dictators. I came from a family of teachers, where everything was used to teach. With my children lessons were imbedded in everything I did with them. I no longer believe public schools can fixed, the public school system must be closed down.

CountMontyC | June 17, 2023 at 4:14 pm

Hopefully overturned on appeal. Sadly I expect the school to try and delay until the young man graduates from the school and makes a motion to dismiss based on it then being moot.

Subotai Bahadur | June 17, 2023 at 4:15 pm

Since the Bill of Rights is being functionally voided by the Left, how much longer before things go Tango Uniform?

Subotai Bahadur

So, totalitarianism. Okay. Good to know.

“This turns freedom of speech into a power play — who gets to decide what is “hate speech” turns into who has political and cultural power.”

This has always been what it was about. It’s why they keep insisting on it. “Hate speech” has always been about creating weapons to use against the right. It was NEVER about protecting anyone in any way.

    JPL17 in reply to irv. | June 18, 2023 at 2:11 pm

    Exactly — a boy’s attending school in drag should itself be deemed “hate speech” under these broadly-drafted dress codes, because such a boy’s attire will clearly “target” heterosexual boys, faithful Christians and Orthodox Jews, and intentionally confuse, upset and offend them, and make them feel extremely uncomfortable. But will such a complaint ever be upheld? I seriously doubt it. As you said, these codes are just tools to enhance the Left’s power.

The Gentle Grizzly | June 17, 2023 at 4:53 pm

The court is right.

As “gender” is a characteristic of language, there are three.

    Two illiterates downvoted you. How droll.

      The Gentle Grizzly in reply to txvet2. | June 17, 2023 at 8:59 pm

      Maybe. I have been getting a lot of single downticks lately for the most neutral, ambiguous remarks. Not for even one of my awful puns or word-plays. -shrug- Like I care?

        Me too. For awhile I thought it was just the users with a thumbnail. Wasn’t always the case though. Kind of an honor really – to have made such a lasting impression on someone that they’d downvote an innocuous post.

          henrybowman in reply to MrE. | June 20, 2023 at 3:49 am

          No one knows why some users have icons and others don’t. Before a website change several years ago, a lot more people used to have icons, but the change wiped many of them out for no obvious reason, and their owners were unable to get the system to reinstate them.

        JohnSmith100 in reply to The Gentle Grizzly. | June 20, 2023 at 10:06 am

        Maybe it is one hater loging in with 2-3 accounts?

      Lausyl in reply to txvet2. | June 18, 2023 at 7:50 am

      It isn’t even about literacy. Is is about multilingualism. In English: only the pronouns are gendered. In other languages: even the verbs are gendered. The first time I heard the word “gender” was when I was in French class in middle school 40 years ago.

      Crawford in reply to txvet2. | June 18, 2023 at 9:24 am

      The downvotes are for “the court is right”.

      And the context of the times makes it clear this is not a discussion over technical aspects of grammar, but of lunatics grooming children to abuse.

    sfharding in reply to The Gentle Grizzly. | June 18, 2023 at 9:29 am

    I would say that when we consider “gender” AS a characteristic of language, then certainly for those things that are inanimate or non-living the assignment of gender is somewhat arbitrary; male, female, or neutral. However, in the case of people and most living things, where sex is factually and indisputably binary, gender and sex have always been inextricably linked

      retiredcantbefired in reply to sfharding. | June 18, 2023 at 12:54 pm

      Not true in many languages. Try certain words for genitalia in French. Consider that maegdan (maiden) was neuter in Anglo-Saxon and its cognate still is in modern German.

    Capitalist-Dad in reply to The Gentle Grizzly. | June 18, 2023 at 4:41 pm

    No. The court is sophistic— as a way to support totalitarian destruction of free speech. The judge can’t be as stupid as he pretends—claiming this is about grammar when in context it has nothing to do with grammar and EVERYTHING to do with speech suppression. Sleight of hand that hopefully is overturned on appeal.

Domestic tran(s)quility must be enforced at all costs. Biology is now violence. Truth is violence. Silence is violence.

Simple solution,…. all students wear rainbow colored uniforms of the , previously described opposite sex. Unisex outfits don’t work.

We are far too gone now. Time for a “DNR”…. do not resuscitate order for parts of this country.

Indira Talwani doesn’t appear once in this article…

“Indira Talwani and this school believe the First Amendment is obsolete.”

The order is obviously unconstitutional despite a judge saying it isn’t. Rope, lamppost, assembly time is coming near.

    rhhardin in reply to gospace. | June 17, 2023 at 5:10 pm

    I think restricting messages in school falls under maintaining order, with some content neutral requirements for restrictions.

      CommoChief in reply to rhhardin. | June 17, 2023 at 5:24 pm

      Sure, when limited to removing a topic of discussion b/c the topic itself is disruptive. That isn’t what’s going on here. Here the school is picking a particular viewpoint to endorse within the topic of discussion and censoring the other viewpoints, which isn’t how the 1st amendment works.

      The school could for example say X topic and all viewpoints about X topic are forbidden due to the inflammatory nature or raw controversy of the topic which in turn causes a disruption to the educational process of all students. Again, the school didn’t do that, instead they endorsed one viewpoint and forbade all other viewpoints. That’s not allowed.

      ThePrimordialOrderedPair in reply to rhhardin. | June 17, 2023 at 11:28 pm

      So the school needs for the dangerous and destructive delusion of people being able to switch sexes at will (which everyone with even half a brain knows is a complete farce, at best) to be maintained in order to keep the school orderly?

      This is like the school wanting to restrict someone from wearing a t-shirt saying “2+2=4” so as to save some idiots embarrassment. In this case the “idiots” includes the school faculty and administration (and the judge, too).

    pst314 in reply to gospace. | June 17, 2023 at 5:21 pm

    Judge was appointed by Obama.

    The Gentle Grizzly in reply to gospace. | June 17, 2023 at 6:26 pm

    I have always wanted to say something like that to a judge in a place like for example a party. Or, at some other social event, where he’s not sitting in the courtroom with his little toy hammer and his black dress. How is he going to hold you in contempt then?

    Neener cubed, y’onnah!

Literary quotes should be okay

Two great sexes animate the world – Milton Paradise Lost

Imagine my surprise when I learned that the “judge” was an Obama appointee. As luck would have it, I grew up in Middleborough–it used to be a redneck mill town back in 1969 when I graduated from high school. Now the schools have been taken over by the woke. We do seem to be in the final days of the Republic. But I imagine the BLM or “George Floyd was Murdered” tee shirts would be A-OK with the school.

    JohnSmith100 in reply to Disgusted. | June 20, 2023 at 12:33 pm

    How about Floyd’s ugly mug with a white circle with the / through it? Also, how can we eliminate Affirmative crap?

“Scott, you appear to be having malicious thought of the State.
Come with me”.

E Howard Hunt | June 17, 2023 at 5:42 pm

Ideally this situation should never arise because t-shirts themselves are inappropriate for school. There should be a dress code requiring collared shirts with no writing of any kind permitted. Our society has sunk so low, it is now a given that little mush brains will attend school dressed as trash pickers with asinine messages emblazoned on their nasty habiliments.

    gospace in reply to E Howard Hunt. | June 17, 2023 at 5:49 pm

    That’s the solution- requires no censorship.
    BUT- if you allow any kind of messaging, even sports team logos on casual Fridays- the first amendment kicks in.

    These types of messaging bans have been overturned numerous time s0- yet some schools and then some judges keep saying- “They’re fine._.. They’re not.

My wife spent her entire life as a public school educator and administrator. Both of us were educated (not indoctrinated) in public schools, a long time ago. She has become a proponent of charter schools, and we both agree if we had school-age children, they would at least be in a charter school, if not a private school.

    wendybar in reply to OldLawman. | June 18, 2023 at 5:57 am

    My neighbors are both public school teachers. They send their 2 kids to Catholic school. That says ALL you need to know.

      henrybowman in reply to wendybar. | June 20, 2023 at 3:52 am

      I don’t think any president in m lifetime has sent his children to DC public schools.

        aggiecon in reply to henrybowman. | June 20, 2023 at 7:34 am

        Jimmy Carter sent Amy to a public elementary school in DC with great fanfare. She was quietly placed in a private school next year.

    gatorbait in reply to OldLawman. | June 22, 2023 at 6:05 pm

    I know two atheists who choose to send their two children to a Catholic school rather than public school. They tell me their children are definitely not the only non-Catholic students there, indicating even more parents avoiding publuc education for theor children.

So- on uniforms. And dress codes. Both are difficult to impossible to establish in public schools. I have vague memories that it was in late grade school or junior HS when courts finally came down in agreement on two issues regarding public schools. Dress codes were unconstitutional as was single sex education. This issue occasionally raises it’s head in inner city schools where in an attempt to establish good order and discipline educators and parents decide to establish dress codes and single sex grade schools. And discover- they can’t. You want either or both of those things? Private schools. With student funding going to the school the parent chooses for their child, not the local school district.

I’d like to ask these school administrators, “Where are the ‘safe spaces’ in the real world, for which you are not preparing them?”

    Crawford in reply to jb4. | June 18, 2023 at 9:28 am

    “Please identify the research that has found genetic or biochemical indicators of someone being ‘trans’. If you cannot find any, doesn’t that indicate it is a mental issue, specifically another dysmorphia — and are you now going to ban t-shirts that encourage anorexic to get counseling?”

    Massinsanity in reply to jb4. | June 18, 2023 at 11:13 am

    Working for the government or one of the thousands of “activists” groups that get government or private grants to push this crap.

    We have heard this argument for a generation or two… “where are these snowflakes going to go when it comes time to enter the “real world”?”… I have news for you that are setting about to destroy what we viewed as the real world. The snow flakes are sitting in the DEI chairs, running groups like Human Rights Campaign which pushes all this gender BS setting the policies at places like Blackrock for ESG investing.

    While we were busy working hard they took over school boards and education programs at local colleges and universities (where most of our teachers are trained).

    They now set policy and they are not snowflakes. They are evil people who will send you to jail for wrong think. In a minute.

    We have to confront them head on. We can no longer laugh off “ridiculous” ideas because what was ridiculous 10 years ago is mainstream Democrat policy today.

      CommoChief in reply to Massinsanity. | June 18, 2023 at 4:15 pm

      Agree about confrontation v sticking our head in the sand or pretending that our political opposition isn’t serious when they tell us exactly who they are and what they want. The days of laughing them off are behind us, at least for serious people.

      On the other hand many of the professional woke weirdos are also getting down sized. Check Musk fired 85% of the Twitter workforce who apparently either didn’t do much or when they did it involved eliminating non woke viewpoints. In easy times (aka when $ is cheap to borrow/raise) then all sorts of fads get implemented but when $ becomes expensive in leaner times, as now, the non core or non essential functions get squeezed or eliminated.

      FWIW many of these woke weirdos had to resume paying back their student debt this month; the total is supposedly approaching $16 Billion per month going forward. That’s gonna tighten a few belts among the wokiesta collective.

I’m old enough to remember Tinker v. Des Moines School District. Perhaps Judge Talwani isn’t–or maybe she just doesn’t care.

But this is what happened in a feminized society where one’s pwecious widdle feewings must NEVER be hurt. Life must be nothing but uninterrupted bliss, and government must enforce this.

What I would like to know, though, is why only SOME people have the right not to be offended?

not_a_lawyer | June 17, 2023 at 7:37 pm

The petitioners are going to lose.

I used to live in ‘Silicon Valley’. San Jose is the southernmost city that comprises ‘Silicon Valley’. About thirty miles South along the US101 corridor is a city named ‘Gilroy’, which proclaims to be ‘The Garlic Capital of the World’.

The Gilroy area is thus comprised historically of garlic farmers. CA farm cities have imported millions of Mexican illegal aliens whose offspring are legal.

As most of you know, the residential real estate values in Silicon Valley are astronomical, so a lot of heritage American tech drones bought houses in Gilroy. This normally would have been burdensome, as the 30 mile drive to SJ is completely congested during rush hour; however, there is a commuter rail line (CalTrain) whose Southern terminus is in Gilroy, and Northern terminus in San Francisco, allowing the tech drones an option of commuting to their cubes in Silicon Valley relatively easily.

So the Gilroy High School became mixed half white children and half Mexican-American children; there naturally was some tension between the groups.

On Cinco de Mayo of 2010, a contingent of white boys wore T-shirts emblazoned with the American flag. The administration ordered them home.

A lawsuit was filed in in 9th US Circuit Court on first amendment grounds. The lawsuit failed, with the argument that the school officials had the right to inhibit speech that might lead to a diminished learning environment.

A subsequent appeal to the US Supreme Court was declined.

The above article states “you do not leave your first amendment rights at the door of the school”. The federal courts disagree.


    Crawford in reply to not_a_lawyer. | June 18, 2023 at 9:31 am

    Ninth circus is rarely correct. And in a case where US citizens are forced to celebrate a foreign holiday (about victory over the French, at that), it should be clear that patriotic attire is a valid protest.

    If families want their children to celebrate Mexican military victories — Mexico is not that far away, and I bet they already have citizenship.

angrywebmaster | June 17, 2023 at 7:41 pm

The moron who made this ruling is an Obama judge. That explains everything

Putting aside dress codes (when we were young boys were marched to the barbershop and had their hair cut, boys and girls sent home to change clothes, etc.), the schools have – either directly or indirectly – brought sex and genders into the classrooms. And on top of that they are letting one set of truths to prevail while stifling others (which happen to be the more “normal” and conservative truths that prevailed before the era of social apps and cell phones).

All of the responsibility for this nonsense rests squarely on the shoulders of the schools and this boy has been punished because he is more well-grounded than the teachers, administrators, the school board and this judge.

    Crawford in reply to WestRock. | June 18, 2023 at 9:35 am

    They are enforcing LIES to win over the simple truth. Humans are born male and female with an occasional rare-as-hens-teeth genetic accident occurring. You cannot change your genetics, and mutilating your body doesn’t actually change who you are. Kids shouldn’t be sterilized and mutilated because their normal adolescent angst came to the attention of a groomer and they were manipulated into believing a lie that makes the most bizarre cults seem sane.

    Adults who encourage this abuse and those who perform these procedures are committing crimes against humanity.

From Jeff Childers at his substack:
Finally, I have a suggestion for L.M., or for any other industrious, freedom-loving Nichols High School student who would like to further pressure the grievance system. Try this: wear to school a t-shirt with the following Bible verse printed on it:

So God created man in his own image,
in the image of God he created him;
male and female he created them. — Gen. 1:27.

You could underline the words “male and female he created them,” or even paint them in rainbow colors or something. In other words, in a new lawsuit, force the judge to reason her way around BOTH the free speech right AND the right of religious liberty, and in doing so, be required to find that the first words of the Bible — one of this country’s foundational documents — are “hate speech.”

Or I was also thinking the following displayed on a pride flag background:
Genetic mistake
Mental Illness

Pick one

I might make up some of the latter for my family.

This MA judge is carrying woke water like a champ. Good example of an activist judge. A bad look for the judiciary.

Sorry, what does the “B” in LGBT123LMNOP stand for again?

    Crawford in reply to UJ. | June 18, 2023 at 9:38 am

    “Bi” — two.

    Just as using “cis” and “trans” — roughly “this side” and “the other side” — marks two categories.

    They sling around “non-binary”, but barring genetic accidents, every human is either male or female. There is no genetic coding for “a little of one, a little of the other”.

Maybe the GOP should vote to impeach this worthless judge. Of course, that would involve going on record and GOPe simps can’t have that.

ThePrimordialOrderedPair | June 17, 2023 at 11:15 pm

The First Amendment does not stop at the school door, though schools do have some leeway to prevent disruption of the educational process.

This is not a 1st amendment issue. This is an issue of obvious reality – of trivially acknowledging a simple truth.

    Kid should wear a t-shirt with Captain Picard on it and the slogan “There are four lights!”

    Or the Lincoln quote: “If you call a tail a leg, how many legs does a dog have? Four — just because you call something a leg doesn’t make it so.”

ThePrimordialOrderedPair | June 17, 2023 at 11:21 pm

Someone should run through all of this judge’s opinions and point out every time he addressed “male” or “female” or anything concerning gender and show that he, himself, (as is true with all people, no matter what idiocy they claim to espouse) knows that there are only two genders and that they are exactly what everyone knows them to be.

If one wants to get technical there are two sexes and two genders – the sexes are “male” and “female” and the genders are “masculine” and “feminine”. But no person, no matter what drugs they take, no matter what makeup they put on – no matter how gaudy and outrageous – no matter what they cut off or what plastic parts they have implanted in their crotches or elbows or foreheads … can change from being male to being female or vice versa. Of course, a guy can be very feminine but he’s still just a guy.

ThePrimordialOrderedPair | June 17, 2023 at 11:30 pm

If this makes it to the SCOTUS we know that there’s at least one justice who doesn’t even know what a “woman” is and is actually proud to announce that fact.

Gender refers to sex-correlated attributes (e.g. sexual orientation): masculine and feminine. Trans- refers to a state or process of divergence from normal.

    Crawford in reply to n.n. | June 18, 2023 at 9:43 am

    The trans-Alpine Gauls were not in a state of divergence from the normal. They were on the other side of the Alps from Rome.

    Transylvania was not diverging from the woodlands, it was on the other side of the woodlands — which is true both for the region in Eastern Europe and the university in Kentucky.

    JohnSmith100 in reply to n.n. | June 20, 2023 at 3:20 pm

    I wonder why, it is not about skin color, it is about piss poor culture. Sowell on the topic:
    There are many more of his presentations. He is very sharp.

Next shirt:

I believe in marriage.
Man + Woman.

    n.n in reply to Andy. | June 18, 2023 at 12:31 am

    I have a mother and a father.

    Or, alternatively, I have two men and a womb, or two women and a sperm bank.

      ThePrimordialOrderedPair in reply to n.n. | June 18, 2023 at 12:38 am

      two men and a womb

      One man and a womb and one bystander man.

      JohnSmith100 in reply to n.n. | June 20, 2023 at 5:14 pm

      In the 70’s there was a book called the Whole Earth Catalog. I is easy to download it today. It was about self sufficiency, had a lot of very useful information. They described lesbians’ collecting and mixing sperm from men and use of a turkey baster. Many years later I read about a girl born from that is an adult.

The Earth is flat. Take a knee, beg, bray the consensus.

What does the school teach in biology class? Does it teach (correctly) that there are only two sexes? (Gender is wrong word..). Or is it not allowed to teach scientific truth? Because it triggers LGBTQ+ students?

He should write it in Latin then no-one would understand it.

    Crawford in reply to diver64. | June 18, 2023 at 9:46 am

    In my completely ignorant translation:

    “Homo est omnis divisa in partes duas”

    It’s the first word that would likely get it banned, despite its complete innocence.

Using the judge’s logic, The LGBTQ+ community is hate speech and should be banned in school.

It teaches that traditional Christian values are hateful, and you are evil if you do not endorse LGBTQ+ community ideology hook, line, and sinker.

Camperfixer | June 18, 2023 at 9:32 am

The Left is constantly changing “the language” to obfuscate what it is they are doing to torture perceptions. This is a case in point: “Gender” – as I was taught in classical education, not the indoctrination kids are subject to today – is reserve for the written word…whereas “sex” is reserved for people.

In that, there are only two sexes. This is further proven when the [abomination and affront to God] of “gender reassignment surgery” in to the other sex. The use of “gender” by the mentally ill Left and all who support that insanity should be immediately dismissed by rational thinking people for the symbolic construct it is.

    Crawford in reply to Camperfixer. | June 18, 2023 at 9:47 am

    Ask any man if the flesh of their forearm would be an adequate replacement for their penis. Now ask any “trans man” who told them it would be.

      Camperfixer in reply to Crawford. | June 18, 2023 at 12:05 pm

      Exactly, these tortured souls need help, not validation. We see this in MD’s who have forgotten about “first, do no harm” and clearly have no clue of their charter, – and/or – the Pop Psyche lunatics (most often woman, which is very telling) who twist the very sanctity of life and God’s gift to the individual into something that is not reality but more emotive. Feelings/emotions trump rational thought with these types.

      “I’m really a boy”, says no girl without a [normal rational] parent saying “That’s cute…but…No, you are a girl.” Instead the weak-minded (mostly “mother’s” these days) buy into the latest “Dr. Spock” style crap that upends normalcy for degenerate whims which are always destructive to both the individual and society. It’s time for a return to some semblance of normalcy, as God intended.

PuttingOnItsShoes | June 18, 2023 at 12:15 pm

You should get a shirt that says, “I accept the XX and XY chromosomal binary as The Proven scientific fact it is.

Jonathan Cohen | June 18, 2023 at 1:54 pm

By the logic of this judge, the teaching of evolution should be banned becuse people who believe in the biblical version of creation might feel troubled that others disagree with them.

Tinker vs. Des Moines clearly protects the student’s right to free speech as occurs in this case. The Tinker children wore black arm bands to protest the Vietnam War. At the time the war was a controversial issue in which the pro-war position was the more popular one. With the country at war, opposition to it would be troubling to some, particularly with children whose parents were part of the military and especially those children with a parent in harm’s way.

There are only two genders. That is clearly true and the judges ruling says the school had an obligation to promote a lie, something that should be anathema to any school worth its salt.

unfortunately, by using the word gender, he’s fallen for the bait and switch trick of the left. Gender effectively means your feelings about your biological sex; it’s a fantasy identity, and there are as many genders as there are unicorns. The left has tricked people into thinking that imaginary gender identities are more important than biological sex. His shirt should read “There are only 2 biological sexes.”

Anyone who was still tempted to think it was in any way acceptable to throw away senate elections on people like Blake Masters congratulations on this rude awakening from fascist judges who are there because Democrats won enough senators.

Our legal system has been corrupt and unreliable, or reliably corrupt, depending upon your point of view, for years.

RepublicanRJL | June 20, 2023 at 5:31 am

Occasionally, I see people where shirts with the f-bomb, in fact, last year, I saw a mother wear a black shirt with f-bombs all over the shirt.

Is the court saying she shouldn’t be allowed to wear the shirt because I might be triggered or find it does me harm?

So why is this argument not redirected? Is it not true that the LGBTQ+ community is threatening to other students? If threatened by the LGBTQ+ community do not the other students have the right to feel safe too, perhaps even to stay home until the entire student body feels safe? “Find out just what any people will quietly submit to and you have the exact
measure of the injustice and wrong which will be imposed on them.” Frederick Douglass

What do you expect? Massholes.

I suppose if any student wore a t-shirt stating, “There are only 50 genders”, that would also be instantly banned because it might be offensive to any hyper-sensitive snowflakes who believe there are more than 50 genders. How about one trillion? Maybe a googolplex? I suspect the number on the t-shirt doesn’t matter.

BierceAmbrose | June 22, 2023 at 2:22 pm

So, I coulda got everything I found frightening or offensive banned as “violence” back in highsickle? Would that I had known that then.