Judge rules in favor of high school that banned 'XX' wristband protest because it was 'trans-exclusionary'

A federal judge sided with a school district that banned a protest against transgender athletes that involved pink wristbands with "XX" written on them, referring to female chromosomes.

Parents of female student athletes at Bow High School in New Hampshire filed a lawsuit against the Bow School District after they were banned from school property and all sports events over the protest.

'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.'

On Monday, United States District Court Judge Steven McAuliffe said that the school was within its rights to ban the parents because the school had an obligation to protect any student from harassment or intimidation.

“The question then becomes whether the school district can manage its athletic events and its athletic fields and facilities," said Judge McAuliffe, "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 in the ruling denying a preliminary injunction.

The parents had worn the wristbands in a silent protest against the school allowing a transgender student to play in the girls' soccer game. Officials stopped the game and had police issue "no trespass" orders against the parents.

Anthony Foote, one of the parents involved, told the New Hampshire Journal that they would continue fighting the issue in court.

“What was our offense? Supporting girls’ sports and defending biological reality?” Foote asked. “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.”

The parents are represented by the legal nonprofit Institute for Free Speech, whose senior attorney Del Kolde released a statement about the ruling.

“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 First Amendment protection than student speech in the classroom," Kolde said.

"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,” he added.

McAuliffe has not yet ruled on the request for a permanent injunction.

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