Pronouns Ruling

There is a major ruling out of the Sixth Circuit on both free speech and student rights. The court, sitting en banc, ruled 10-7 that “the mere use of biological pronouns does not entail ‘aggressive, disruptive action.'” https://t.co/TbbANC7Y88

— Jonathan Turley (@JonathanTurley) November 10, 2025

In an opinion by Circuit Judge Eric Murphy, a Trump appointee, the court ruled that there was no evidence that the use of traditional pronouns produced the “substantial interference” that the Supreme Court set as the test in Tinker v. Des Moines (1969).

“In this case’s current posture, the school district has fallen far short of meeting this demanding standard. It introduced no evidence that the use of biological pronouns would disrupt school functions or qualify as harassment under Ohio law. Our society continues to debate whether biological pronouns are appropriate or offensive—just as it continues to debate many other issues surrounding transgender rights. The school district may not skew this debate by forcing one side to change the way it conveys its message or by compelling it to express a different view.”

Judge Murphy added: “Unlike, say, a political diatribe about transgender rights in math class, the mere use of biological pronouns does not entail ‘aggressive, disruptive action.’ Nor does the school district suggest that such speech has ever disrupted any school activity in the past.”

It is not clear whether the district will appeal. An en banc decision will often get closer scrutiny from clerks in petitions for certiorari. The question is whether the district wants to risk doubling down on a losing hand if the Supreme Court affirms the judgment. Some advocates may be leery of rolling the dice on a further appeal given the implications of an adverse decision on pronouns that applies nationwide.