Seventh Grader's 'Two Genders' Shirt Case: Supreme Court Denies Review

Luna Greco

5 min read

Post on May 29, 2025

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The Seventh Grader's "Two Genders" Shirt Case: A Summary

The case centered around a seventh-grade student (we will refer to them as "Jane Doe" to protect their privacy) who wore a shirt to school displaying the message "Two genders." The school, located in [Insert State and School District Name, if available, otherwise remove this sentence], deemed this a violation of their dress code policy, which [Insert Specific Wording from Dress Code Regarding Acceptable Clothing, if available; otherwise, use general phrasing like: prohibited clothing deemed disruptive or promoting divisive messages]. The school's response was to [Insert School's Action, e.g., ask Jane Doe to change shirts, send her home]. Jane Doe's parents challenged the school's decision, arguing it violated their child's right to free speech and expression. The lower court [Insert Lower Court Ruling and Brief Summary of Reasoning]. The appeal to the Supreme Court was ultimately denied.

• Key players involved: Jane Doe (the student), [School Name], Jane Doe's parents, and their legal representatives.
• Location: [Insert State and School District Name, if available, otherwise remove this bullet point].
• School dress code policy: [Insert Specific Wording from Dress Code, if available; otherwise remove this bullet point].
• Key arguments: The school argued the shirt violated the dress code and potentially disrupted the learning environment. The parents argued the shirt was protected speech under the First Amendment and reflected their child's gender identity.

Supreme Court's Denial of Certiorari: Implications for Schools

Certiorari is a discretionary writ issued by the Supreme Court to review a lower court's decision. The Supreme Court's denial means they chose not to hear the appeal. This doesn't set a national precedent, meaning the lower court's ruling stands only within its specific jurisdiction. Similar cases in other states and districts will be decided based on those jurisdictions’ laws and precedents.

• Supreme Court's workload: The Supreme Court receives thousands of certiorari petitions annually, and they select only a small fraction for review.
• Reasons for denial: The Supreme Court may have denied certiorari due to the case's narrow scope, its lack of national significance, or the absence of a circuit split (disagreement between different federal appeals courts).
• Implications for similar cases: Lower courts will continue to grapple with similar cases involving student expression, school dress codes, and LGBTQ+ rights, leading to a patchwork of rulings across the country.

The Broader Context: Student Rights, Dress Codes, and Gender Expression

This case falls within the larger legal landscape of student free speech rights in schools, often debated in relation to the landmark case Tinker v. Des Moines. Balancing school authority to maintain order and a student's right to self-expression, particularly concerning gender identity, remains a complex challenge. The evolving understanding of gender identity and expression necessitates a nuanced approach.

• Relevant Supreme Court cases: Tinker v. Des Moines (1969) established that students don't lose their First Amendment rights at the schoolhouse gates, but that speech can be restricted if it substantially disrupts the learning environment.
• Evolving understanding of gender: The understanding of gender identity and expression has significantly broadened in recent years, leading to increased recognition of LGBTQ+ rights.
• Impact on LGBTQ+ students: Cases like this directly impact LGBTQ+ students' sense of belonging and safety in schools, highlighting the need for inclusive policies and practices.
• Role of school policies: School policies play a crucial role in creating inclusive environments that respect student diversity and affirm their identities.

Navigating Dress Code Policies in Schools: Best Practices

Schools need clear, objective, and inclusive dress code policies that respect student rights while maintaining order. These policies should avoid subjective language and focus on safety and avoiding disruption.

• Criteria for inclusive policies: Dress codes should be free of gender stereotypes, avoid vague terms, and offer clear guidelines with examples of acceptable and unacceptable attire.
• Inclusive language: Use gender-neutral language, avoid references to specific body types, and focus on safety concerns.
• Due process: Students facing disciplinary actions related to dress code violations must have a fair and equitable process to address concerns.
• Resources for schools: Several organizations offer resources and guidance for schools in developing inclusive dress codes and policies that respect student rights.

Conclusion

The Supreme Court's refusal to review the seventh grader's "two genders" shirt case leaves the issue of student expression and school dress codes unresolved at a national level. This decision underscores the ongoing need for schools to carefully craft dress codes that balance student rights with the need for order, particularly regarding LGBTQ+ students’ gender expression. The lack of a national ruling emphasizes the importance of local school districts reviewing and updating their policies.

Call to Action: The "two genders" shirt case highlights the vital importance of ongoing dialogue on the rights of LGBTQ+ students and the need for inclusive school policies. Let's continue this discussion and work toward creating more welcoming and affirming environments for all students. Stay informed about the latest developments in this area and advocate for policies that support student rights and gender expression. Schools should proactively review their dress codes to ensure they are inclusive and respectful of all students' identities.