The U.S. Supreme Court refused to hear the appeal of a Massachusetts middle-schooler who was barred from wearing a T-shirt reading “There are only two genders.

The U.S. Supreme Court declined to hear a Massachusetts student’s challenge to a school ban on wearing “There are only two genders” T-shirts. Justices Clarence Thomas and Samuel Alito said they would have taken the case, arguing schools that discuss social issues must also allow dissenting views.

Lower courts ruled the ban did not violate Tinker v. Des Moines, finding the shirts disrupted learning and affected vulnerable transgender students. The student, represented by Alliance Defending Freedom, argued the rulings let schools suppress unpopular political or religious speech. Administrators cited students’ young age and significant mental-health risks. Although the petition was denied, the Court will soon hear a major case on Tennessee’s ban on gender-affirming care for minors.

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