Free Speech or Hate Speech? Parents Fight Ban on Transgender Athlete Protests at High School Games

In a recent case that touches on free speech and student athletics, a federal judge in Concord, New Hampshire, declined a request from a group of parents to wear pink wristbands marked with “XX” to silently protest transgender girls playing in high school soccer matches. The wristbands, symbolizing the female chromosome pair, were worn by the parents in support of what they described as the protection of women’s sports for biological females.

The legal battle stems from an incident at a Bow High School soccer game in September 2024, where two parents and a grandparent were removed from school grounds after refusing to take off their wristbands when asked by school officials. The plaintiffs, represented by attorneys from the Institute for Free Speech, argue that their First Amendment rights were violated when they were banned from attending games and school events.

The parents’ lawsuit focuses on their right to “silently express” their views during school sports events. They argue that wearing the wristbands was a form of passive protest, meant to support their daughters and other female athletes. However, the Bow School District contends that the protest was directed at a 15-year-old transgender player on the opposing team. The district claims that despite warnings, the parents’ behavior disrupted the event, leading to the issuance of “No Trespass Orders” to keep them off school property.

In a ruling on October 8, 2024, Judge Steven McAuliffe declined to issue an immediate order that would have allowed the parents to continue wearing the wristbands during games. However, he did permit one of the banned fathers, Andrew Foote, to attend his daughter’s remaining games and practices, provided he refrains from further protest.

Judge McAuliffe acknowledged the complexity of the case, highlighting that questions surrounding the rights of parents to passively protest transgender athletes at school sports events involve legal nuances that require further argument. He postponed a more detailed hearing until November 2024.

The case raises significant issues surrounding the balance between free speech rights and school policies designed to protect all students, including transgender individuals. According to the lawsuit, school officials had confronted the parents during the match, threatening them with arrest for trespassing unless they removed the wristbands. The game itself was interrupted, with the referee threatening to forfeit the match if the parents did not comply. Although the wristbands were removed, the legal conflict has persisted.

Del Kolde, a senior attorney with the Institute for Free Speech, represents the parents and expressed optimism that upcoming police bodycam footage would support his clients’ position. He acknowledged that one of the parents, Kyle Fellers, had called school officials “Nazis” during the confrontation, but maintained that such language, while inflammatory, was protected under the First Amendment.

Fellers had also displayed a sign reading “Protect Women Sports for Female Athletes” during the game. As a result, he was banned from school grounds for the entire fall term. Reflecting on the situation, Fellers said, “Parents don’t shed their First Amendment rights at the entrance to a school’s soccer field. We wore pink wristbands to silently support our daughters and their right to fair competition. Instead of fostering open dialogue, school officials responded with threats and bans that have a direct impact on our lives and our children’s lives.”

The Bow School District has not commented publicly on the case but has defended its actions as necessary to maintain order and fairness during the match. The broader legal implications of this case, particularly regarding the balance of free speech and the rights of transgender athletes, are likely to generate significant attention as it moves forward in the court system.

(Sources: Nick Perry, The Associated Press, October 14, 2024)