Worthy Christian News > US News > Supreme Court Declines to Hear Appeal from Student Barred for “Two Genders” T-Shirt, Alito and Thomas Slam Free Speech Rejection

Supreme Court Declines to Hear Appeal from Student Barred for “Two Genders” T-Shirt, Alito and Thomas Slam Free Speech Rejection

by Emmitt Barry, with reporting from Washington D.C. Bureau Staff

(Worthy News) – In a major blow to student free speech rights, the U.S. Supreme Court on Tuesday refused to hear the appeal of a Massachusetts seventh-grader who was barred from wearing a T-shirt to school that read, “There are only two genders.” The decision leaves in place a controversial federal court ruling that allowed the school to silence the student while promoting opposing viewpoints.

Justices Clarence Thomas and Samuel Alito issued a scathing dissent, warning that the Court’s silence is a disturbing endorsement of ideological censorship in America’s schools. “This case presents an issue of great importance for our Nation’s youth,” Alito wrote, condemning what he called the school’s “viewpoint discrimination.”

The student, identified as L.M., was removed from class at John T. Nichols Middle School in Middleborough, Massachusetts after he refused to take off a T-shirt that read “There are only two genders,” which challenged the school’s endorsement of gender fluid ideology. When he later returned wearing the same shirt with the original message covered by tape and the word “censored” written on it, school officials once again barred him from attending class.

The school claimed the shirt would “poison the educational atmosphere,” citing concerns over the emotional well-being of gender-nonconforming students. School administrators referenced past instances of bullying and mental health struggles, including self-harm, among transgender students in their justification for the ban.

Yet, critics argue the school crossed a constitutional line by promoting one viewpoint while punishing another. The Alliance Defending Freedom, representing the student, noted the school encouraged students to affirm that sex and gender are “limitless,” but silenced a student who respectfully disagreed.

The First U.S. Circuit Court of Appeals upheld the school’s actions using what dissenting justices described as a “jargon-laden” departure from the 1969 Supreme Court ruling in Tinker v. Des Moines, which upheld student speech unless it caused material disruption or violated the rights of others.

Justice Thomas called for Tinker to be reevaluated altogether, stating that it “has no basis in the Constitution,” while Alito warned the First Circuit’s decision strips students of critical First Amendment protections.

This ruling raises serious concerns for conservatives and free speech advocates who fear schools are becoming ideological battlegrounds, where only one worldview is permitted. With the Court declining to intervene, the door remains open for further erosion of constitutional liberties in America’s classrooms.

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