New Hampshire Court Rules on Parental Rights and Free Speech at High School Sports Events

A recent court case in New Hampshire has sparked significant debate regarding parental rights and free speech at school sports events. A federal judge ruled on Tuesday that a group of parents could not immediately wear pink wristbands with XX inscribed on them during high school girls’ soccer games as a protest against transgender girls participating in the sport. However, the judge did allow one father, who had previously been banned from attending games following an altercation, to watch his daughter play and attend practices, provided he refrains from engaging in any protest activities.

Judge Steven McAuliffe emphasized that the legal questions surrounding passive protests at student sports events are intricate and require further discussion. A more comprehensive hearing is set for late November, where both sides will present detailed arguments. The case stems from a lawsuit filed by three parents and a grandparent of soccer players at Bow High School, who claimed their rights were violated when they were prohibited from school grounds for wearing the wristbands, which symbolize the female chromosome pair.

During a match on September 17 against Plymouth Regional High School, two parents donned the wristbands to “silently express their opinion about the importance of reserving women’s sports for biological females.” The Bow School District responded, asserting that the parents’ protest targeted a specific transgender player, who is currently challenging a New Hampshire ban on transgender athletes in court. The district contended that the parents had been warned about the unacceptability of their actions, and therefore the sanctions imposed were reasonable.

Del Kolde, a senior attorney for the parents, expressed optimism following the hearing, noting that police bodycam footage is expected to support their version of events at the upcoming hearing. According to the lawsuit, school officials confronted the parents during the game, demanding they remove the wristbands or leave. The parents refused, citing First Amendment protections, and were allegedly threatened with arrest for trespassing.

The situation escalated when the referee halted the game, warning that Bow High School would forfeit if the wristbands were not removed. Ultimately, the parents complied, and the game resumed. Following the incident, they received No Trespass Orders, with one parent banned for a week and the other for the entire fall term.

In a statement, parent Kyle Fellers asserted that they do not forfeit their First Amendment rights by entering a school setting and criticized school officials for their handling of the situation, stating that their actions stifled open dialogue and directly affected their families. This case highlights the ongoing tensions surrounding the inclusion of transgender athletes in school sports and the rights of parents to express their views.