Massachusetts middle schooler banned from class for wearing 'there are only two genders' t-shirt appeals his case to the Supreme Court

A Massachusetts student who was allegedly kicked out of middle school for wearing a t-shirt with words stating that there are only two genders has filed an appeal with the U.S Supreme Court.

Liam Morrison claimed his father had to pick him up from John T. Nichols Jr. Middle School in March 2023 when he refused to change out of his 'There are only two genders' shirt.

His parents filed a federal free speech lawsuit against the town of Middleborough, the previous acting school principal Heather Tucker, the Middleborough School Committee and Middleborough Public Schools superintendent Carolyn J. Lyons. 

However, in June a federal judge upheld another judge's ruling that the middle school did not violate his first amendment rights, reported Boston.com.

Now, Morrison's attorneys from Alliance Defending Freedom have asked the U.S. Supreme Court to hear his case.

'Students don't lose their free speech rights the moment they walk into a school building,' said ADF Senior Counsel and Vice President of U.S. Litigation David Cortman. 

'This case isn't about T-shirts; it's about a public school telling a middle-schooler that he isn't allowed to express a view that differs from their own.' 

Morrison's lawyers claim the Middleborough school district celebrates Pride month each with flags that send the message that there are 'an unlimited number of genders'.

Morrison then wore the controversial t-shirt and was allegedly asked by school officials to either take it off or leave the school.

He said school officials told him other students were complaining that it made them feel 'unsafe' and was 'disrupting education.' 

But by forcing him to change out of the shirt, he claimed the school district was stifling his First Amendment right to free speech and said officials 'took away my ability to have a different opinion'.

The student then wore another top which said 'there are censored genders' and he was asked to take it off. 

'[Morrison] sought to participate in his school’s marketplace of ideas and address sociopolitical matters in a passive, silent, and untargeted way,' said the petition to the Supreme Court.

'This Court’s review is urgently needed to reaffirm that Tinker protects "unpopular ideas," public schools can’t establish what is "orthodox in… matters of opinion," and students aren’t "confined to the expression of… sentiments that are officially approved."'