“Bonkers” Ruling: Judge Wrongly Rules Fathers Can’t Wear Pink Wristbands

A federal judge ruled that two fathers can’t wear pink wristbands that say “XX” to silently protest the inclusion in women’s sports of biologically-male transgender students. Bizarrely, the judge wrote“The message generally ascribed to the XX symbol, in a context such as that presented here, can reasonably be understood as directly assaulting those who identify as transgender women.” The ruling is “bonkers,” notes former deputy assistant attorney general Ed Whelan.

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Peacefully wearing a wristband to express your views is the very opposite of “assaulting” someone. Judge Steven McAuliffe, who accused the fathers of “directly assaulting” transgender people by wearing wristbands, should be ashamed of himself for saying something so false and intemperate. Equating speech with violence is a dangerous and reprehensible thing for a judge to do.

On April 14, Judge McAuliffe ruled that the “Bow School District was acting within its authority to kick two soccer dads out of a girls game for wearing pink ‘XX’ wristbands as a silent protest against biological males playing on girls’ teams,” reports the New Hampshire Journal. The fathers were also barred from school property for a time afterwards.


Del Kolde of the Institute for Free Speech, which represents the parents, said “We strongly disagree with the Court’s opinion…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.”

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