Student of the ‘two genders’ shirt case receives support from 16 states

Oct 10, 2023

MIDDLEBORO – 16 states have filed briefs with the U.S Court of Appeals supporting Nichols Middle School student Liam Morrison’s freedom of speech as of Tuesday, Oct. 3.

Both sides of the suit allowed a temporary decision in favor of the schools to become permanent so the case could go on appeal. 

The attorneys representing Liam filed their opening brief with the U.S. Court of Appeals for the 1st Circuit on Monday, Sept. 25.

In the brief, Liam’s attorneys, from Alliance Defending Freedom and Massachusetts Family Institute, questioned “whether the district court erred in granting final judgment to the school district on [Liam’s] First and Fourteenth Amendment claims.”

Since then, 16 states including South Carolina, Alabama, and Arkansas and seven organizations including Center for American Liberty have filed friend-of-the-court briefs with the U.S. Court of Appeals for the 1st Circuit.

The briefs argue that  “the school plainly engaged in impermissible viewpoint discrimination.”

On March 21, John T. Nichols, Jr. Middle School student  Liam was told to remove a shirt stating “There Are Only Two Genders.’’ When he refused to do so, he was taken home by his father.

He subsequently wore a shirt stating “There Are Censored Genders,’’ but was also asked to remove that item. 

School officials have stated that the messages on the shirts were threatening to some students and that the school handbook specifically prohibits clothing that “target[s] groups based on race, ethnicity, gender identity, religious affiliation or any other classification,”

On May 17, Liam and his father and stepmother, Chris and Susan Morrison, filed suit, saying the decision violates his First Amendment rights. 

The suit specifically names the town, the School Committee, Superintendent of Schools Carolyn Lyons and Acting Middle School Principal Heather Tucker.

Lyons did not have a comment on the updates.