https://www.msn.com/en-us/news/us/appeals-court-rules-school-staff-
students-do-not-have-to-respect-gender-pronouns/ar-AA1hLiAf
Afederal appeals court has blocked an Iowa school district from enforcing
a policy that threatens to punish students with expulsion if they failed
to “respect” the gender pronouns of their classmates.
The 8th U.S. Circuit Court of Appeals found that the policy was at odds
with the First Amendment and issued an injunction in favor of a group that
sued to protect students from indoctrination, Just the News reported.
The nonprofit group Parents Defending Education challenged a policy
enacted by the Linn-Mar Community School District in Linn County, Iowa,
last year.
Parents Defending Education describes itself as a nationwide “grassroots
organization working to reclaim our schools from activists imposing
harmful agendas.”
The policy vowed to create a so-called “Gender Support Plan” for students
in the district who identify as “transgender,” as well as “gender-
expansive,” “nonbinary” and all students who are “questioning their
gender.”
The district also promised to cater to these students through special
treatment.
“Every student has the right to be addressed by a name and pronoun that
corresponds to their gender identity,” the policy said. “A court-ordered
name or gender change is not required, and the student need not change
official school records.”
Students and teachers who did not show “respect” for the stated gender
identity of a student faced severe consequences, the Linn-Mar Community
School District vowed.
The policy stated: “An intentional and/or persistent refusal by staff or
students to respect a student’s gender identity is a violation of school
board policies [on Bullying and Anti-Harassment].”
Punishments for misgendering a student included both suspension and
expulsion.
The policy was struck down Friday by the St. Louis-based 8th U.S. Circuit
Court of Appeals.
In its ruling in favor of Parents Defending Education, the court ruled, “A
school district cannot avoid the strictures of the First Amendment simply
by defining certain speech as ‘bullying’ or ‘harassment.’”
The court also stated that the policy was “vague” and that a school's
disciplinary rules “need not be as detailed as a criminal code that
imposes criminal sanctions.”
Judges also ruled that the policy was written with a “lack of clarity”
that made those who violated it “susceptible to arbitrary enforcement.”
“The undefined term ‘respect’ leaves the policy open to unpredictable
interpretations, and creates a substantial risk that school administrators
may arbitrarily enforce the policy,” the court ruled. “Without meaningful
guidance, District officials are left to determine on an ‘ad hoc and
subjective basis’ what speech is ‘disrespectful.’”
Parents Defending Education celebrated the ruling in a statement obtained
by to KCRG-TV.
“We are gratified that the 8th Circuit upheld the rights of families and
students in Linn-Mar. It is never acceptable to prohibit speech with vague
terms that allow arbitrary enforcement, especially when compelled student
speech is at stake, and this sends a clear message to other districts
across the country with similar bullying and harassment policies on the
books,” Parents Defending Education President Nicole Neily said.
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We live in a time where intelligent people are being silenced so that
stupid people won't be offended.
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dozens of judges and three SCOTUS justices.