October 2, 2024
Two New Hampshire high school students have sued in federal court for permission to compete on the high school soccer teams based on the gender with which they identify. The U.S. District Court for the District of New Hampshire recently entered a temporary order allowing them to play while the litigation wends its way through the judicial system.
You can probably guess that there are people up in arms about this. Three parents and a grandparent of a player on a team opposing one of the aforementioned students took it upon themselves to show up at Bow High School wearing pink wristbands with “XX” symbols (a nod to the female chromosome structure) as a form of silent protest against the policy allowing the transgendered athlete to compete on the Plymouth High girls team.
When the group was told by school officials that they had to remove their wristbands or leave, they did what any red-blooded American would do: they sued.
And as a dyed-in-the-wool First Amendment as-close-to-absolutist-without-being-a-nutjob, I think they have a point. The soccer field is a public forum, their conduct wasn’t disruptive — I think their speech is protected.
The First Amendment isn’t necessarily pretty, and it gives free license (within reason) to say mean-spirited things about other people. And to wear your transphobic sentiments on your sleeve (literally).
But it’s not up to government officials to decide what speech is acceptable and what isn’t. And that’s not just me pontificating; that’s the constitution speaking.