On Tuesday, May 27, 2025, the United States Supreme Court issued an opinion denying writ of certiorari in a lawsuit related to a Massachusetts public school student’s t-shirt opining on gender identity.
In March 2023, L.M. wore a t-shirt reading “There Are Only Two Genders” while attending John T. Nichols Middle School in Middleborough, Massachusetts. The student was told that he could not wear the shirt at school and that he could not return to class if he did not remove the shirt. The student’s father was called to explain the situation. L.M.’s father stood by his son’s decision not to remove the shirt, and L.M. was taken home.
In April 2023, the student’s father emailed the school asking for an explanation of the problem with the shirt. The school responded that L.M. had not been, and would not be, disciplined for wearing the shirt. Rather, the school was enforcing its dress code, which prohibits clothing targeting students of a protected class. The student’s lawyer sent the school a letter later in April asserting that the school had violated the student’s free speech rights. The school’s legal counsel replied stating that the school’s actions were justified under applicable legal authorities. L.M. then became the subject of local and national news coverage.
In early May 2023, L.M. wore the same shirt to school, but the shirt had the words “Only Two” covered by tape. The piece of tape had “CENSORED” written on it, covering “Only Two.” L.M. claimed that he wore the shirt to protest the school’s decision preventing him from wearing the shirt since other students were permitted to express differing views on gender. L.M. was once again brought to the school’s office and barred from wearing the shirt. He ultimately took the shirt off and returned to class. A few days later, two other students wore similar “There Are Only Two Genders” t-shirts to school. L.M. informed them that they could not wear the shirts. One student removed the shirt and returned to class, while the other student refused to comply.
L.M. sued school officials and the town of Middleborough in the U.S. District Court for the District of Massachusetts. The district court ultimately ruled in favor for the school officials and Middleborough since the school enforced its dress code “to protect [against] the invasion of the rights of other students to a safe and secure educational environment.” L.M. appealed the decision to the U.S. Court of Appeals for the First Circuit. The First Circuit affirmed the decision of the lower court, writing that “[t]he question here is not whether the t-shirts should have been barred. The question is who should decide whether to bar them — educators or federal judges. . . we cannot say that in this instance the Constitution assigns the sensitive (and potentially consequential) judgment about what would make ‘an environment conducive to learning’ at [the school] to us rather than to the educators closest to the scene.”
Justices Thomas and Alito dissented to the Supreme Court’s decision to deny the writ of certiorari.
Additional Reading
US Supreme Court rejects case about student’s ‘There are only two genders’ T-shirt, Reuters (May 27, 2025)
First Circuit Opinion in L. M. v. Town of Middleborough, Massachusetts, No. 23-1535 (1st Cir. 2024)
Opinion Denying Writ of Certiorari in L. M. v. Town of Middleborough, Massachusetts
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