US Supreme Court won’t hear case of student barred from wearing ‘Only Two Genders’ T-shirt

The US Supreme Court on Tuesday (May 27) declined to take up a free speech challenge brought by a Massachusetts student who was barred from wearing a T-shirt stating “There are only two genders.”

The justices refused to review a lower court ruling that upheld the school’s decision, concluding that the restriction was a reasonable action aimed at protecting transgender students from potential harm.

Case rooted in school dress code dispute

The controversy began in March 2023 when Liam Morrison, then a 12-year-old seventh grader at John T. Nichols Middle School in Middleborough, wore the T-shirt to school. His lawyers said he intended to “start a meaningful conversation on gender ideology” and share his belief “that sex is binary.”

However, the school principal asked him to change the shirt due to concerns that it might disrupt class and negatively impact LGBTQ+ students. Morrison refused and was picked up by his father who had taken him to home. In a subsequent incident in May 2023, Morrison altered the message with tape reading “censored” but was again asked to remove the shirt.

Court backs school’s right to restrict speech

The student and his family, represented by conservative legal group Alliance Defending Freedom, sued the school district seeking damages and a ruling against the dress code policy. Both a US district court and the 1st US Circuit Court of Appeals sided with the school.

The appeals court noted that school officials could “reasonably forecast” that Morrison’s message would cause distress among transgender students and interfere with their education. The decision cited the well-established 1969 Tinker v. Des Moines precedent, which allows schools to limit student speech that may cause substantial disruption.

School defends policy amid mental health concerns

School officials defended their decision, pointing to their dress code which prohibits clothing that could be considered hate speech or that targets others based on identity. The superintendent noted in court filings that several LGBTQ+ students had experienced suicidal ideation or attempts, some linked to mistreatment over their gender identity.

Broader implications for transgender rights

The case comes amid intensifying debates over gender identity and student expression in schools, and as the Supreme Court prepares to rule in another high-profile case—this one involving Tennessee’s ban on gender-affirming medical care for transgender minors. A decision in that case is expected by the end of June.