Two fathers engaged in a legal battle against a New Hampshire school district over the participation of transgender athletes in high school sports have been prohibited from wearing pink wristbands marked with “XX” at school events, as ruled by a federal judge on Monday. The decision comes amid their ongoing lawsuit challenging the school district’s policies regarding transgender athletes.
Kyle Fellers and Anthony Foote were initially banned from school premises in Bow after sporting the wristbands during a soccer match in September, which featured a transgender girl on the opposing team. Although the no-trespass orders against them have lapsed, they sought judicial permission to display signs and wear the chromosome-symbol wristbands at school gatherings as the case proceeds. Both men maintained that their intent was not to harass or target the transgender athlete involved, asserting that their actions were simply expressions supporting the exclusion of transgender girls from female sports teams.
U.S. District Court Judge Steven McAuliffe rejected their motion, emphasizing that the broader implications of their actions outweighed their stated intentions. He noted that adults at high school sporting events do not have a First Amendment right to convey messages that could demean or harm students. The judge highlighted that, while the plaintiffs may not have intended to communicate a negative message, the symbols and posters they displayed had the potential to do so, prompting the school’s efforts to prevent such outcomes.
School authorities detailed receiving strong-worded communications from Foote, who identified himself as a proactive leader and encouraged others to attend the match. Prior to the event, another parent reported overhearing discussions about attendees wearing dresses and heckling the transgender athlete, illustrating what Superintendent Marcy Kelley described as an organized and targeted effort.
Brian Cullen, representing the school district, expressed approval of the ruling, stating that it reaffirms the responsibility of school districts to protect students from adult harassment on campus. He emphasized that the decision only restricts the plaintiffs from protesting during children’s games, which he argued should not be viewed as a contentious limitation.
Del Kolde, attorney for the plaintiffs, voiced strong disagreement, claiming that the situation involved adult speech in a public forum, which traditionally receives broader First Amendment protection than student speech in classrooms. He criticized the school district for what he perceived as viewpoint discrimination against the “XX” wristbands due to their trans-exclusionary connotations.
Following the ruling, the plaintiffs indicated they do not plan to present additional evidence before a final decision is reached. Concurrently, the transgender athlete involved, Parker Tirrell, along with another student, is contesting a state law preventing transgender students from participating in sports teams aligning with their gender identity. A federal court has permitted them to continue participating in sports amid the ongoing legal challenge to the statute.
The Human Angle
This legal dispute underscores the complexities surrounding the inclusion of transgender athletes in school sports, reflecting broader societal debates on gender identity and fairness in athletics. For parents, educators, and students, the case highlights the balance between free expression and the protection of students from potential harassment.
Schools face the challenge of fostering an inclusive environment while respecting diverse viewpoints. The ruling, while aimed at preventing harassment, also raises questions about the limitations of free speech in educational settings. As similar cases continue to arise, stakeholders must navigate these nuanced issues, considering both the rights of individuals and the collective well-being of the student community.