The U.S. Supreme Court has declined to hear the appeal of a Massachusetts middle school student who was prohibited from wearing a T‑shirt stating there are only two genders. School officials argued the message negatively affected transgender and non-binary students.
Neal McCluskey, director of Cato’s Center for Educational Freedom, issued the following statement in response:
“What is perhaps most important is not that the Supreme Court turned down this case – it turns down many cases – but what the case typifies: the incompatibility of public schooling with a free and diverse society. As illustrated on Cato’s Public Schooling Battle Map, an interactive database of values- and identity-based conflicts in public schools, public schools are constant, zero-sum battlegrounds over student expression, religion, representation in history curricula, and more. In this particular case, rule against the student wearing the “there are only two genders” t‑shirt and government is curbing freedom of expression. Rule for him and the shirt might cause a disruption in the school and students who identify as non-binary might feel targeted. What public schooling reality clearly shows is that government schooling must be replaced with choice: funding following children to schools their families choose rather than going directly to government institutions. Then, rather than having to fight for their values – and often lose – all can freely pursue education they think is right.”
If you’d like to speak to McCluskey, please reach out to mmiller@cato.org.
ICYMI:
The Supreme Court Is About To Hear 2 Education Cases. Neither Goes Far Enough.
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