https://nhjournal.com/judge-rules-school-can-ban-xx-protests-over-males-in-girls-sports/
The Bow School District was acting within its authority to kick two soccer >dads out of a girls game for wearing pink XX wristbands as a silent protest >against biological males playing on girls' teams, a federal judge ruled >Monday.
BTR1701 <atropos@mac.com> wrote:
https://nhjournal.com/judge-rules-school-can-ban-xx-protests-over-males-in-girls-sports/
The Bow School District was acting within its authority to kick two soccer >> dads out of a girls game for wearing pink XX wristbands as a silent protest >> against biological males playing on girls' teams, a federal judge ruled
Monday.
You win the month. I'm not going to read anything more likely to make my
head explode any harder.
Let me address this directly.
"The message generally ascribed to the XX symbol, in a context
such as that presented here, can reasonably be understood as
directly assaulting those who identify as transgender women,"
[United States District Court Judge Steven] McAuliffe wrote.
"Because gender identities are characteristics of personal
identity that are 'unalterable or otherwise deeply rooted,' the
demeaning of which 'strikes a person at the core of his being,'
and because Bow school authorities reasonably interpreted the
symbols used by plaintiffs, in context, as conveying a demeaning
and harassing message, they properly interceded to protect
students from injuries likely to be suffered."
Let's set aside that I'm questioning how McAuliffe passed his
constitutional law class as a 1L, let alone graduated, passed the exam,
got admitted to the bar, and then appointed as a judge.
The transgender girl playing for the other team (Hey! That's NOT a double entendre!) is not a party to this case, so it's not about the right of a transgender girl not to be discriminated against in girls' sports. Instead, it's about the right of third parties -- the school board and the athletic conference it is a member of -- imposing transgender ideology upon the
sport itself not to be accused of discrimination themselves and putting
girls in harm's way when criticized by their parents. Somehow the judge accepted the argument -- the school board's right not to be criticized
can be justified by the duty we have to protect a transgender girl from feeling criticized (ignoring the duty to protect girls playing girls'
sports from an increased likelihood of trauma) -- as a sound basis for
his ruling.
But his ruling itself CONTRADICTS transgender ideology. According to
this ideology gender identity and characteristics are personal but NOT "unalterable or otherwise deeply rooted". Transgender ideology claims
that gender, a related but separate concept than sex, is mutable!
https://nhjournal.com/judge-rules-school-can-ban-xx-protests-over-males-in-girls-sports/
The Bow School District was acting within its authority to kick two soccer dads out of a girls game for wearing pink XX wristbands as a silent protest against biological males playing on girls' teams, a federal judge ruled Monday.
But one of the dads, Anthony Foote, told NHJournal he plans to keep fighting for what he sees as the rights of women and girls.
"What was our offense? Supporting girls' sports and defending biological reality?" Foote said. "This ruling is a slap in the face to every parent who believes schools should be a place of fairness, not political indoctrination. The judge openly admitted that Pride flags are allowed because they promote 'inclusion', but wristbands defending women's sports are banned because they might 'offend' someone. That's viewpoint discrimination, plain and simple and
it's unconstitutional."
United States District Court Judge Steven McAuliffe ruled against Foote, Kyle Fellers, Eldon Rash, and Nicole Foote in a 45-page order denying their preliminary injunction against SAU 67. The parents are being represented by the Institute for Free Speech, a legal nonprofit that promotes parents' rights. Del Kolde, the senior attorney, said he is still considering his next steps in this case.
"We strongly disagree with the court's opinion issued today denying our request for a preliminary injunction. This was adult speech in a limited public forum, which enjoys greater 1st Amendment protection than student speech in the classroom. Bow School District officials were obviously discriminating based on viewpoint because they perceived the XX wristbands to be 'trans-exclusionary''. We are still evaluating our options for next steps,"
Kolde said.
The crux of McAuliffe's ruling is that while Fellers, Foote, and the others acted within their 1st Amendment rights to protest, venues like school athletic events are considered "limited public forums" and school officials acted within their legal authority to restrict what the parents said and did.
"The question then becomes whether the School District can manage its athletic
events and its athletic fields and facilities that is, its limited public forum in a manner that protects its students from adult speech that can reasonably be seen to target a specific student participating in the event (as
well as other similar gender-identifying students) by invited adult spectators, when that speech demeans, harasses, intimidates, and bullies. The answer is straightforward: Of course it can. Indeed, school authorities are obligated to do so," McAuliffe wrote.
For days before the Sept. 10, 2024, game, Anthony Foote and Fellers made it known to school officials that they were unhappy Bow High School was going to play a game against a girls' team with a biological male player, Parker Tirrell.
Days before the game, Tirrell made national news with a court victory against the state of New Hampshire's law barring biological males from girls' sports.
The dads went on social media to discuss various protest ideas, according to the evidence in the case. McAuliffe wrote that it is reasonable, given the context of the game, for SAU 67 administrators to be concerned that the potential protests would be interpreted by Tirrell as bullying and harassing.
And as such, the judge ruled, the school had the right to limit the dads' speech.
"The message generally ascribed to the XX symbol, in a context such as that presented here, can reasonably be understood as directly assaulting those who identify as transgender women," McAuliffe wrote. "Because gender identities are characteristics of personal identity that are 'unalterable or otherwise deeply rooted', the demeaning of which 'strikes a person at the core of his being', and because Bow school authorities reasonably interpreted the symbols used by plaintiffs, in context, as conveying a demeaning and harassing message, they properly interceded to protect students from injuries likely to be suffered."
Fellers and Foote have maintained they were not targeting or harassing any particular student with their wristbands. McAuliffe ruled that, even accepting
their stated intent not to harass Tirrell, the broader context for the game made the SAU's actions reasonable and justified.
"While plaintiffs may very well have never intended to communicate a demeaning
or harassing message directed at Parker Tirrell or any other transgender students, the symbols and posters they displayed were fully capable of conveying such a message and that broader messaging is what the school authorities reasonably understood and appropriately tried to prevent," McAuliffe said.
Critics of the judge's ruling say that it is clearly viewpoint discrimination and the judge's view that "gender identity" is "inalterable" isn't based on biological fact or in law.
McAuliffe has yet to rule on the permanent injunction. Fellers, Foote, and the
other parents are seeking to allow them to protest at school games and other events.
On 4/16/2025 12:39 PM, BTR1701 wrote:
https://nhjournal.com/judge-rules-school-can-ban-xx-protests-over-males-in-girls-sports/
The Bow School District was acting within its authority to kick two soccer >> dads out of a girls game for wearing pink XX wristbands as a silent protest >> against biological males playing on girls' teams, a federal judge ruled
Monday.
But one of the dads, Anthony Foote, told NHJournal he plans to keep fighting
for what he sees as the rights of women and girls.
"What was our offense? Supporting girls' sports and defending biological
reality?" Foote said. "This ruling is a slap in the face to every parent who
believes schools should be a place of fairness, not political
indoctrination.
The judge openly admitted that Pride flags are allowed because they promote >> 'inclusion', but wristbands defending women's sports are banned because they
might 'offend' someone. That's viewpoint discrimination, plain and simple >> and
it's unconstitutional."
United States District Court Judge Steven McAuliffe ruled against Foote,
Kyle
Fellers, Eldon Rash, and Nicole Foote in a 45-page order denying their
preliminary injunction against SAU 67. The parents are being represented by >> the Institute for Free Speech, a legal nonprofit that promotes parents'
rights. Del Kolde, the senior attorney, said he is still considering his
next
steps in this case.
"We strongly disagree with the court's opinion issued today denying our
request for a preliminary injunction. This was adult speech in a limited
public forum, which enjoys greater 1st Amendment protection than student
speech in the classroom. Bow School District officials were obviously
discriminating based on viewpoint because they perceived the XX wristbands >> to
be 'trans-exclusionary''. We are still evaluating our options for next
steps,"
Kolde said.
The crux of McAuliffe's ruling is that while Fellers, Foote, and the others >> acted within their 1st Amendment rights to protest, venues like school
athletic events are considered "limited public forums" and school officials >> acted within their legal authority to restrict what the parents said and
did.
"The question then becomes whether the School District can manage its
athletic
events and its athletic fields and facilities that is, its limited public >> forum in a manner that protects its students from adult speech that can
reasonably be seen to target a specific student participating in the event >> (as
well as other similar gender-identifying students) by invited adult
spectators, when that speech demeans, harasses, intimidates, and bullies. >> The
answer is straightforward: Of course it can. Indeed, school authorities are >> obligated to do so," McAuliffe wrote.
For days before the Sept. 10, 2024, game, Anthony Foote and Fellers made it >> known to school officials that they were unhappy Bow High School was going >> to
play a game against a girls' team with a biological male player, Parker
Tirrell.
Days before the game, Tirrell made national news with a court victory
against
the state of New Hampshire's law barring biological males from girls'
sports.
The dads went on social media to discuss various protest ideas, according to
the evidence in the case. McAuliffe wrote that it is reasonable, given the >> context of the game, for SAU 67 administrators to be concerned that the
potential protests would be interpreted by Tirrell as bullying and
harassing.
And as such, the judge ruled, the school had the right to limit the dads' >> speech.
"The message generally ascribed to the XX symbol, in a context such as that >> presented here, can reasonably be understood as directly assaulting those >> who
identify as transgender women," McAuliffe wrote. "Because gender identities >> are characteristics of personal identity that are 'unalterable or otherwise >> deeply rooted', the demeaning of which 'strikes a person at the core of his >> being', and because Bow school authorities reasonably interpreted the
symbols
used by plaintiffs, in context, as conveying a demeaning and harassing
message, they properly interceded to protect students from injuries likely >> to
be suffered."
Fellers and Foote have maintained they were not targeting or harassing any >> particular student with their wristbands. McAuliffe ruled that, even
accepting
their stated intent not to harass Tirrell, the broader context for the game >> made the SAU's actions reasonable and justified.
"While plaintiffs may very well have never intended to communicate a
demeaning
or harassing message directed at Parker Tirrell or any other transgender
students, the symbols and posters they displayed were fully capable of
conveying such a message and that broader messaging is what the school
authorities reasonably understood and appropriately tried to prevent,"
McAuliffe said.
Critics of the judge's ruling say that it is clearly viewpoint
discrimination
and the judge's view that "gender identity" is "inalterable" isn't based on >> biological fact or in law.
McAuliffe has yet to rule on the permanent injunction. Fellers, Foote, and >> the
other parents are seeking to allow them to protest at school games and other
events.
I wonder if, say, Swastika hats should be permitted on the sidelines.
On Apr 16, 2025 at 12:11:15 PM PDT, "moviePig" <nobody@nowhere.com> wrote:
On 4/16/2025 12:39 PM, BTR1701 wrote:
https://nhjournal.com/judge-rules-school-can-ban-xx-protests-over-males-in-girls-sports/
The Bow School District was acting within its authority to kick two soccer
dads out of a girls game for wearing pink XX wristbands as a silent protest
against biological males playing on girls' teams, a federal judge ruled >>> Monday.
But one of the dads, Anthony Foote, told NHJournal he plans to keep fighting
for what he sees as the rights of women and girls.
"What was our offense? Supporting girls' sports and defending biological >>> reality?" Foote said. "This ruling is a slap in the face to every parent who
believes schools should be a place of fairness, not political
indoctrination.
The judge openly admitted that Pride flags are allowed because they promote
'inclusion', but wristbands defending women's sports are banned because they
might 'offend' someone. That's viewpoint discrimination, plain and simple >>> and
it's unconstitutional."
United States District Court Judge Steven McAuliffe ruled against Foote, >>> Kyle
Fellers, Eldon Rash, and Nicole Foote in a 45-page order denying their >>> preliminary injunction against SAU 67. The parents are being represented by
the Institute for Free Speech, a legal nonprofit that promotes parents' >>> rights. Del Kolde, the senior attorney, said he is still considering his >>> next
steps in this case.
"We strongly disagree with the court's opinion issued today denying our >>> request for a preliminary injunction. This was adult speech in a limited >>> public forum, which enjoys greater 1st Amendment protection than student >>> speech in the classroom. Bow School District officials were obviously
discriminating based on viewpoint because they perceived the XX wristbands
to
be 'trans-exclusionary''. We are still evaluating our options for next >>> steps,"
Kolde said.
The crux of McAuliffe's ruling is that while Fellers, Foote, and the others
acted within their 1st Amendment rights to protest, venues like school >>> athletic events are considered "limited public forums" and school officials
acted within their legal authority to restrict what the parents said and >>> did.
"The question then becomes whether the School District can manage its
athletic
events and its athletic fields and facilities that is, its limited public
forum in a manner that protects its students from adult speech that can >>> reasonably be seen to target a specific student participating in the event
(as
well as other similar gender-identifying students) by invited adult
spectators, when that speech demeans, harasses, intimidates, and bullies. >>> The
answer is straightforward: Of course it can. Indeed, school authorities are
obligated to do so," McAuliffe wrote.
For days before the Sept. 10, 2024, game, Anthony Foote and Fellers made it
known to school officials that they were unhappy Bow High School was going
to
play a game against a girls' team with a biological male player, Parker >>> Tirrell.
Days before the game, Tirrell made national news with a court victory
against
the state of New Hampshire's law barring biological males from girls'
sports.
The dads went on social media to discuss various protest ideas, according to
the evidence in the case. McAuliffe wrote that it is reasonable, given the
context of the game, for SAU 67 administrators to be concerned that the >>> potential protests would be interpreted by Tirrell as bullying and
harassing.
And as such, the judge ruled, the school had the right to limit the dads' >>> speech.
"The message generally ascribed to the XX symbol, in a context such as that
presented here, can reasonably be understood as directly assaulting those >>> who
identify as transgender women," McAuliffe wrote. "Because gender identities
are characteristics of personal identity that are 'unalterable or otherwise
deeply rooted', the demeaning of which 'strikes a person at the core of his
being', and because Bow school authorities reasonably interpreted the
symbols
used by plaintiffs, in context, as conveying a demeaning and harassing >>> message, they properly interceded to protect students from injuries likely
to
be suffered."
Fellers and Foote have maintained they were not targeting or harassing any
particular student with their wristbands. McAuliffe ruled that, even
accepting
their stated intent not to harass Tirrell, the broader context for the game
made the SAU's actions reasonable and justified.
"While plaintiffs may very well have never intended to communicate a
demeaning
or harassing message directed at Parker Tirrell or any other transgender >>> students, the symbols and posters they displayed were fully capable of >>> conveying such a message and that broader messaging is what the school >>> authorities reasonably understood and appropriately tried to prevent," >>> McAuliffe said.
Critics of the judge's ruling say that it is clearly viewpoint
discrimination
and the judge's view that "gender identity" is "inalterable" isn't based on
biological fact or in law.
McAuliffe has yet to rule on the permanent injunction. Fellers, Foote, and
the
other parents are seeking to allow them to protest at school games and other
events.
I wonder if, say, Swastika hats should be permitted on the sidelines.
Yes, and let them suffer the slings and arrows that come their way for wearing
them.
On 4/16/2025 12:39 PM, BTR1701 wrote:
The Bow School District was acting within its authority to kick two soccer >> dads out of a girls game for wearing pink XX wristbands as a silent protest >> against biological males playing on girls' teams, a federal judge ruled
Monday.
I wonder if, say, Swastika hats should be permitted on the sidelines.
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