Federal court deals blow to conservative group in LGBTQ-related Olentangy schools case
A federal judge in Ohio has dealt a blow to a conservative group's efforts to change a central Ohio school district's policies related to harassment and LGBTQ+ youth.
U.S. District Chief Judge Algenon L. Marbley on Friday denied a preliminary injunction by Parents Defending Education, which would have required the Olentangy Local School District to immediately change its harassment policies for students.
The policies prohibit students from engaging in discriminatory harassment or bullying based on race, national origin, sex, disability, religion or ancestry. They also prohibit students from using personal devices to engage in harassment and from intentionally misgendering transgender students — such as failing to address them by their preferred pronouns.
More: Parents angry over Olentangy Local Schools' transgender guidelines, say they weren't told
Parents Defending Education is a Virginia-based conservative nonprofit that describes itself as "a national grassroots organization." It opposes what it calls "ideologically driven curriculum with a concerning and often divisive emphasis on students’ group identities: race, ethnicity, religion, sexual orientation and gender."
The group has sought federal probes into schools that pledge to address systemic racism. In 2021, it challenged Columbus City Schools after the school board decried "systemic racism in Columbus" in the wake of the police killing of Ma'Khia Bryant.
In the case against Olentangy Schools, Parents Defending Education said the policies violate students' rights under the First and 14th amendments. The group claims the policies require students to affirm the idea that gender is fluid, contrary to their deeply held religious beliefs. In its legal filing, the group also said the policies are too broad because they apply to students’ conduct on their devices while they are not at school.
The judge, however, appeared unconvinced of those arguments in his preliminary ruling, stating the plaintiff "has failed to establish a substantial likelihood of success on its First Amendment claim."
Citing case law, Marbley said schoolchildren do not completely give up their right to free speech when they enter school. Nonetheless, public schools are permitted to proscribe student speech that “materially disrupts classwork or involves substantial disorder or invasion of the rights of others,” he said.
“Transgender youth are far too often subject to harassment and bullying in public schools. They are threatened or physically injured in schools at a rate four times higher than other students. They are harassed verbally at extraordinarily high rates. More than one in five attempt suicide,” Marbley said.
Marbley also indicated the group's 14th Amendment claim will likely fail, stating parents' rights over their children's upbringing do not "encompass a right … to direct how a public school teaches their child or how the school disciplines their child."
The Olentangy Local School District is the fourth-largest in the state, with almost 23,000 students.
"Today’s decision affirms our commitment to maintaining a safe learning environment where all feel welcome and supported," a district spokesperson said. "We will continue to do so and are looking forward to another great school year."
Marbley's Friday ruling against the preliminary injunction is not the final ruling in the case, which was filed in May.
Peter Gill covers immigration, new American communities and religion for The Dispatch in partnership with Report for America. You can support work like his with a tax-deductible donation to Report for America at:bit.ly/3fNsGaZ.
pgill@dispatch.com
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This article originally appeared on The Columbus Dispatch: Court deals blow to conservative group in Olentangy Schools case
