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BREAKING: A federal appeals court on Thursday issued a decision referring to “biological pronouns” and holding that an Ohio school district's policy barring students from misgendering transgender students — by using such “biological pronouns” — likely violates the First Amendment.

The U.S. Court of Appeals for the Sixth Circuit, in a 10-7 en banc decision, held Thursday that an Ohio school district's anti-bullying policy that requires students to use children's preferred pronouns is likely unconstitutional on the facts so far established in the case.

The case was brought by a group of parents challenging the policy.

The district court and a 2-1 panel of the Sixth Circuit had rejected the group’s request for a preliminary injunction, but the full court ordered the district court to enter “an appropriately tailored preliminary injunction barring the district from punishing students for the commonplace use of biological pronouns.“

Judge Eric Murphy, a Trump appointee, wrote the court's opinion (first and second image). All Republican appointees on the court joined it. Several judges wrote concurring opinions, some of which would have gone further than Murphy’s opinion and others broadly assessing the state of First Amendment law.

Judge Jane Stranch, an Obama appointee who wrote the panel majority opinion, wrote the en banc dissent (third image). All Democratic appointees on the court joined it.

The en banc opinion is precedent for all federal courts in the circuit, which includes Kentucky, Michigan, Ohio, and Tennessee.

Nov 7
at
3:50 AM

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