PARENTS DEFENDING EDUCATION, Plaintiff-Appellant,
v.
OLENTANGY LOCAL SCHOOL DISTRICT BOARD OF EDUCATION; Mark T. Raiff, in his official capacity as Superintendent of Olentangy Local School District; Peter Stern, in his official capacity as Olentangy's Assistant Director of Equity and Inclusion; Randy Wright, in his official capacity as Olentangy's Chief of Administrative Services; Kevin Daberkow, in his official capacity as a member of the Olentangy Board of Education; Brandon Lester, in his official capacity as a member of the Olentangy Board of Education; Kevin O'Brien, in his official capacity as a member of the Olentangy Board of Education; Libby Wallick, in her official capacity as a member of the Olentangy Board of Education; Lakesha Wyse, in her official capacity as a member of the Olentangy Board of Education, Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: February 1, 2024.
Decided and Filed: July 29, 2024.
Attorney(s) appearing for the Case
ARGUED: J. Michael Connolly, CONSOVOY McCARTHY PLLC, Arlington, Virginia, for Appellant. Bartholomew T. Freeze, FREUND, FREEZE & ARNOLD, Columbus, Ohio, for Appellees. ON BRIEF: J. Michael Connolly, Taylor A.R. Meehan, Cameron T. Norris, James F. Hasson, Thomas S. Vaseliou, CONSOVOY McCARTHY PLLC, Arlington, Virginia, Emmett E. Robinson, ROBINSON LAW FIRM LLC, Cleveland, Ohio, for Appellant. Bartholomew T. Freeze, Genevieve M. Hoffman, FREUND, FREEZE & ARNOLD, Columbus, Ohio, Jessica K. Philemond, Sandra R. McIntosh, Mitchell L. Stith, SCOTT SCRIVEN LLP, Columbus, Ohio, for Appellees. Joseph D. Spate, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, Scott C. Peters, Sherrie C. Massey, Daniel R. Shisler, PETERS KALAIL & MARKAKIS CO., L.P.A., Cleveland, Ohio, Deborah J. Dewart, Hubert, North Carolina, Adam E. Schulman, HAMILTON LINCOLN LAW INSTITUTE, Washington, D.C., Benjamin Isgur, SOUTHEASTERN LEGAL FOUNDATION, Roswell, Georgia, David J. Carey, AMERICAN CIVIL LIBERTIES UNION OF OHIO FOUNDATION, Columbus, Ohio, Freda J. Levenson, Amy R. Gilbert, AMERICAN CIVIL LIBERTIES UNION OF OHIO FOUNDATION, Cleveland, Ohio, Tyson C. Langhofer, Matthew W. Hoffmann, ALLIANCE DEFENDING FREEDOM, Lansdowne, Virginia, John J. Bursch, ALLIANCE DEFENDING FREEDOM, Washington, D.C., Kayla A. Toney, FIRST LIBERTY INSTITUTE, Washington, D.C., Steven W. Fitschen, NATIONAL LEGAL FOUNDATION, Chesapeake, Virginia, Ronald G. London, FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION, Washington, D.C., Talmadge Butts, FOUNDATION FOR MORAL LAW, Montgomery, Alabama, Mark P. Herron, HERRON LAW OFFICES, Lyndhurst, Ohio, Paul Giorgianni, GIORGIANNI LAW LLC, Columbus, Ohio, for Amici Curiae.
STRANCH, J., delivered the opinion of the court in which DAVIS, J., joined. BATCHELDER, J. (pp. 474-95), delivered a separate dissenting opinion.
OPINION
JANE B. STRANCH, Circuit Judge.
This case concerns a pre-enforcement challenge to school district policies that prohibit harassment based on a variety of protected characteristics, including—as relevant here—gender identity. The Olentangy Local School District, Ohio's fourth...
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