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Student sues middle school over his right to wear anti-trans t-shirts

Liam Morrison's t-shirt featuring the words "There are only two genders."
Liam Morrison's t-shirt featuring the words "There are only two genders." Photo: Screenshot/NBC10

A student in Massachusetts is suing his middle school for the right to wear t-shirts featuring anti-transgender messages.

Lawyers for Liam Morrison are asking a court to issue a preliminary injunction to prevent Nichols Middle School in Middleborough, Massachusetts from enforcing a ban on t-shirts that are “likely to be considered discriminatory, harassing and/or bullying to others,” Boston.com reports. The lawyers contend that the school’s policy, as applied to Morrison earlier this year, constitutes “viewpoint discrimination” and infringes on his First Amendment right to free speech.

According to the complaint filed last month by the Alliance Defending Freedom (ADF) and the Massachusetts Family Institute on behalf of Morrison, the 12-year-old believes “that there are only two sexes, male and female, and that a person’s gender (their status as a boy or girl, man or woman) is inextricably tied to sex.”

In March, Morrison wore a t-shirt bearing the words “There are only two genders” to school. He was told by the school’s acting principal that other students had complained about the shirt, and he was sent home after refusing to remove it.

The student’s father later wrote an email to Middleborough Superintendent Carolyn Lyons asking why his son had been sent home for wearing the shirt. In her response, Lyons said that the message on Morrison’s t-shirt “targeted students of a protected class; namely in the area of gender identity.”

“While I cannot share the numbers or names of students and staff that complained about this shirt,” Lyons wrote, “I can assure you that there were several students and several staff who did.”

At an April 13 school committee meeting, Morrison defended his right to wear the t-shirt. “I have been told that my shirt was targeting a protected class,” he said. “Who is this protected class? Are their feelings more important than my rights? I don’t complain when I see Pride flags and diversity posters hung throughout the school. Do you know why? Because others have a right to their beliefs just as I do.”

Later that month, Morrison’s lawyers also contacted Lyons to let her know that the student intended to wear the t-shirt again on May 5 and asked that she confirm in writing that he would be allowed to do so. Lawyers for the school responded that school officials would continue to enforce its policy banning the shirt.

On May 5, Morrison showed up to class wearing a t-shirt featuring the words “There are censored genders.” When he was again called to the principal’s office, he agreed to remove the shirt and wear another.

Morrison’s lawyers filed their lawsuit on May 19.

“This isn’t about a t-shirt; this is about a public school telling a seventh grader that he isn’t allowed to hold a view that differs from the school’s orthodoxy,” Logan Spena, legal counsel for ADF said in a statement. “Public school officials can’t force Liam to remove a shirt that states his position when the school lets every other student wear clothing that speaks on the same issue. Their choice to double down and silence him when he tried to protest their censorship is a gross violation of the First Amendment that we’re urging the court to rectify.”

A hearing regarding the motion for a preliminary injunction took place on Tuesday in Massachusetts District Court. Boston.com reported. While a judge has not yet issued a ruling, Morrison’s lawyers told Boston’s NBC10 that based on the judge’s comments, it seemed unlikely that he would be allowed to wear the shirt at school.

Meanwhile, trans activist Mason Dunn told NBC10 that Morrison’s attorneys are wrong to compare his t-shirt, which he said could incite violence, with Pride flags.

“Messages of Pride are messages of support, messages of affirmation,” Dunn said, “not messages of hate or bias.”

ADF is a conservative Christian legal group that regularly files lawsuits opposing any expansion of LGBTQ+ civil rights.

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