Massachusetts Officials Wrong to Ban “There Are Only Two Genders” T-Shirts in Schools

In a decision that’s hard to stomach, the First Circuit Court of Appeals has backed Middleborough, Massachusetts, school officials in banning a student from wearing a T-shirt that reads “There Are Only Two Genders.” The case, L.M. v. Town of Middleborough, Massachusetts, isn’t just about a piece of clothing—it’s a red flag for free speech. When did schools get the right to gag kids for sharing their beliefs?

It kicked off in spring 2023 when L.M., a seventh-grader at Nichols Middle School, showed up in the now-infamous T-shirt. School leaders called it a dress code violation, flagging it as hate speech that might upset transgender or gender-nonconforming students. L.M. was told to ditch it or else. He fought back by wearing a version with “CENSORED” taped over part of the text, but the school shut that down too. This wasn’t disruptive—it was defiance, and they didn’t like it.

L.M. and his family took the battle to court, claiming the ban trampled his First Amendment free speech rights and Fourth Amendment due process protections. Both the trial court and the First Circuit disagreed, siding with the school. Their excuse? Officials can restrict speech to avoid “disruption” and protect student well-being. But banning a viewpoint because it’s unpopular isn’t protection—it’s censorship dressed up as care.

Let’s break this down: the school’s dress code labels everything “hateful” as off-limits, but that’s a subjective call. L.M.’s shirt didn’t attack anyone—it stated a perspective. If that’s enough to get shut down, where’s the line? Could a kid get banned for wearing a “Meat Is Murder” shirt because it offends carnivores? The court calls the policy clear and reasonable, but it’s a blank check for schools to quiet whatever they don’t vibe with.

The Alliance Defending Freedom (ADF), backing L.M., has appealed to the U.S. Supreme Court, and they’re onto something big. ADF Senior Counsel David Cortman nailed it: “Students don’t lose their rights at school.” This case isn’t just about cotton and ink—it’s about whether educated can play thought police. A Supreme Court win could stop this nonsense and remind schools that free speech isn’t optional.

This whole mess shows schools are leaning too hard into controlling narrative instead of encouraging debate. The “There Are Only Two Genders” T-shirt might not win popularity contests, but that’s irrelevant—free speech doesn’t need applause. Massachusetts officials blew this call, and it’s on us to push back. Let L.M. and kids like him wear what they believe, and let the conversation happen. Anything less is a loss for liberty.