'Gross violation': Middleboro student loses 'two genders' T-shirt case. Why it's not over

Christopher Butler

The Enterprise

Published Aug 4, 2023 

MIDDLEBORO — A judge may have ruled against a Middleboro middle schooler who says he has a First Amendment right to wear a "There are only two genders" T-shirt to school — but it's not over.

The United States District Court of Massachusetts ruled on June 16 against Morrison's request for a preliminary injunction that would have forbidden the school from banning his T-shirt while the case is pending.

Then in July both sides agreed to ask the court to convert that preliminary ruling into a final judgment against Morrison — thus paving the way for an appeal to a higher court.

“This isn’t about a T-shirt. This is about a public school telling a middle-schooler that he isn’t allowed to express a view that differs from the school’s orthodoxy,” said Legal Counsel Logan Spena from the Alliance Defending Freedom (ADF) — the organization representing Morrison.

In March, staff pulled Morrison from class and sent him home when he wore a black T-shirt to class reading, "There are only two genders." In May, he wore the same T-shirt to school again with the words "only two" taped over, replaced with the word "censored." The school required him to remove the T-shirt or be sent home again.

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“Public school officials can’t force Liam to remove a shirt that states his position when the school lets every other student wear clothing that speaks on the same issue. Their choice to double-down and silence him when he tried to protest their censorship is a gross violation of the First Amendment that we’re urging the 1st Circuit to rectify,” Spena said in a written statement Friday.

Then-Acting Principal Heather Tucker told Morrison the shirt violated the school's dress code — which states that “clothing must not state, imply, or depict hate speech or imagery that target groups based on race, ethnicity, gender, sexual orientation, gender identity, religious affiliation, or any other classification.”

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Carolyn Lyons, Middleboro superintendent of schools, told Morrison and his father that the message on his shirt "targeted a protested class of students; namely in the area of gender identity."

At a hearing on July 12, both parties requested that the court finalize the June 16 ruling against Morrison so ADF could file an appeal.

"They agree that further evidentiary hearings would serve little purpose and that the interests of the Parties—and resources of the Court—will be better served by an appeal from a final judgment," said the joint motion for entry of final judgment.

Lawyers representing Liam Morrison, the Nichols Middle School student who sued school and town officials after being sent home for his "There are only two genders" T-shirt, filed a notice of appeal on Friday, Aug. 4.

The lawsuit sparked a major debate among parents in Middleboro, who spoke out passionately at a School Committee meeting in May on both sides of the issue, in support of school officials, on the one hand, and Morrison on the other.

In June, The Enterprise reported that a bullying epidemic at Nichols Middle has caused physical damage to the building and prompted students and the superintendent to call for intervention.

The superintendent of schools and school committee chair could not immediately be reached for comment on the appeal Friday afternoon.

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Should Middleboro have sent student home for 'there are only two genders' T-shirt?

Christopher Butler

The Enterprise

Published May 5, 2023 


 

Middleborough Public Schools: School Committee Meeting - April 13, 2023

MIDDLEBOORO — Twelve-year-old Liam Morrison was pulled from his gym class by school staff, who told him he had to change his T-shirt or they would send him home, he said.

"They told me I wasn’t in trouble, I sure felt like I was," Morrison said.

The seventh grader at Nichols Middle School in Middleboro wore a T-shirt to school on Tuesday, March 21 that read, "there are only two genders."

"I was told that people were complaining about the words on my shirt, that the shirt was making some students feel unsafe," he told the Middleboro School Committee at their meeting on April 13. “I feel like these adults were telling me that it wasn’t okay to have an opposing view.”

He said he told the adults that he wasn't going to change, so they called his father who arrived shortly to bring him home.

“Thankfully, my dad supported my decisions and picked me up," he said at the meeting.

Morrison said the school administration violated his First Amendment right to freedom of speech by not allowing him to wear clothes with messages he believes in. He told the committee that he heard no complaints from students or teachers, and that some students supported him wearing the shirt.

“I don’t complain when I see pride flags and diversity posters hung throughout the school," Morrison said. "Others have a right to their beliefs just like I do.”

The story has made national headlines. Fox News reported on Friday, May 5 that the Massachusetts Family Institute sent a demand letter Monday, May 1 to the middle school saying it had violated Morrison’s First Amendment rights and that Morrison was planning to wear something to school Friday to make a statement.

Members of the Middleboro School Committee, and the district's superintendent did not respond to The Enterprise's request for comment on the incident, and it's unclear if the event involving Morrison is under investigation by the district.

But committee member Jessica Chartoff discussed at the meeting an event held earlier that week raising awareness for the high suicide rate in children ages 10 to 14, but first said that "I'm not going to speak specifically to anything that Liam mentioned from his personal perspective."

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Just before Morrison took the microphone, Sarah Zigouras, a parent of Nichols Middle School, told the committee that, "the bully plan for Middleboro schools is outdated."

The district's bullying prevention and intervention plan — according to a 2010 state anti-bullying law — must be reviewed and updated every two years. The most recent update available online was completed in August 2020.

In addition, the school district lists email contacts for each school that parents can contact to report incidents of bullying, but Zigouras said the emails are typically never answered and it's unclear to parents who supervises the emails.

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“The lack of follow through and accountability only incites others to make poor choices and continues a cycle of bullying," Zigouras said.

Committee member Christopher Benson said families will been contacted regarding the bullying reports.

Zigouras did not mention the incident involving Morrison's T-shirt in her comments to the committee but did say she considered removing her children from Nichols Middle School due to the "lack of effective communication" from the district's administration.

“We are concerned about the lack of accountability that exists at Nichols Middle School. We are tired of our children not feeling safe,” Zigouras said.

When Morrison was taken out of his class in March, the staff said his shirt was targeting a "protected class" of students.

According to a presentation made by the district about the 2010 anti-bullying law, an incident may be considered bullying if the behavior is repeated and "causes physical or emotional harm to the target or places target in fear of harm." 

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