CONCORD, N.H. — On Tuesday, a federal judge denied an urgent request from several parents in New Hampshire seeking permission to wear pink wristbands emblazoned with “XX” during high school girls’ soccer games as a protest against transgender girls participating in the sport.
However, the judge did grant permission to one father who had been prohibited from attending the games after a protest incident, allowing him to watch his daughter play and pick her up from practice, provided he refrained from protesting while on the premises.
Judge Steven McAuliffe indicated that the legal implications surrounding passive protests concerning transgender athletes in school sports are intricate and require further exploration. He expressed interest in receiving more comprehensive arguments from both parties at an upcoming hearing likely scheduled for late November.
The case stems from a lawsuit filed by a group of parents and a grandparent linked to Bow High School’s soccer team, who claimed their rights were infringed when they were restricted from school grounds due to their wristbands, which symbolize the female chromosomal configuration.
During the latter half of a soccer match against Plymouth Regional High School on September 17, two of the parents wore wristbands to silently convey their stance on the significance of maintaining women’s sports for those who are biologically female, according to the lawsuit submitted by attorneys from the Institute for Free Speech.
The Bow School District countered, arguing that the parents were specifically protesting against a 15-year-old transgender player from a visiting team, coinciding with ongoing legal challenges against a state ban on transgender participation. The district noted that the parents received warnings that such conduct was unacceptable on school property and that appropriate sanctions were applied to address their behavior.
Del Kolde, a senior attorney with the Institute for Free Speech, spoke after the court session, indicating that they had seen some success in their objectives. He expressed optimism that police bodycam footage to be examined in the November hearing would bolster their case’s credibility.
Following the incident, the parents alleged that school officials and a local police officer intervened during the match, instructing them to either remove the wristbands or leave the area. The parents resisted, invoking their First Amendment rights, and were subsequently threatened with arrest for trespassing.
During the game, in a bid to address the situation, the referee announced that Bow High School would forfeit unless the wristbands were removed, leading to their eventual compliance and the resumption of the match.
In court on Tuesday, Kolde admitted that one of the parents had referred to school officials as Nazis but maintained that this expression was within their rights, claiming retaliation from those officials followed.
Fellers was also seen holding a sign reading “Protect Women Sports for Female Athletes.” After the match, both parents received “No Trespass Orders” which barred them from school grounds and events. One received a week’s ban, while Fellers was banned for the entire fall term.
Fellers commented earlier, emphasizing that parents do not lose their First Amendment rights when attending school events. He stated, “We wore pink wristbands to quietly support our daughters and their right to fair competition. Instead of promoting open discussions, school officials reacted with threats and bans that directly affect us and our children.”
