‘Gross violation’: Middleboro student loses ‘two genders’ T-shirt case. Why it’s not over

MIDDLEBORO — Despite a recent ruling against him, a middle school student in Middleboro is not giving up his fight for freedom of expression. Liam Morrison, represented by the Alliance Defending Freedom (ADF), plans to appeal the decision that banned him from wearing a T-shirt stating “There are only two genders” at school.

The United States District Court of Massachusetts denied Morrison’s request for a preliminary injunction, which would have allowed him to wear the T-shirt until the case was resolved. However, both parties have now agreed to turn this ruling into a final judgment, clearing the way for an appeal to a higher court.

According to Logan Spena, Legal Counsel for the ADF, this case goes beyond a simple T-shirt. It is about a public school suppressing a student’s viewpoint that differs from their own beliefs. Morrison was pulled out of class in March and sent home for wearing the controversial T-shirt. In May, he wore a modified version with the word “censored” replacing “only two,” but was still asked to remove it or face expulsion.

Spena argues that the school cannot prohibit Morrison from expressing his opinion when other students are allowed to wear clothing expressing their own views on the same issue. The ADF is urging the 1st Circuit to rectify what they believe is a violation of the First Amendment.

The school officials claim that Morrison’s T-shirt violated the dress code, which forbids hate speech or imagery targeting any specific group. Carolyn Lyons, the Middleboro superintendent of schools, argued that the shirt targeted a protected class of students, specifically those with gender identities different from the traditional binary.

Both parties have agreed that further evidentiary hearings would be unnecessary and that it is in their best interest to proceed with the appeal. Lawyers representing Morrison filed a notice of appeal on August 4, and the case has sparked intense debate among Middleboro parents.

In the midst of this legal battle, Nichols Middle School faced another challenge in the form of a bullying epidemic, causing physical damage to the building. Students and the superintendent have called for intervention to address the issue.

As of now, the superintendent and school committee chair have not responded to requests for comment on the appeal.