New Hampshire Families Sue School Officials Who Punished Girls for Silent Protest Against Transgender Athletes

The girls were threatened with arrest for wearing wristbands with the letters ‘XX,’ referencing female chromosomes.

Institute for Free Speech
The wristbands students and families wore to protest transgender athletes in female sports. Institute for Free Speech

A group of New Hampshire families are suing school officials, a law enforcement officer, and a soccer referee for allegedly violating the family members’ First Amendment rights when the officials forced them to remove wristbands with the letters “XX,” referring to female chromosomes.

The families were wearing the wristbands as an act of silent protest because the girls were being forced to play against a team that had a transgender athlete on its roster.

The Bow, New Hampshire school superintendent signed off on “no trespass” orders for the family members following the protest, which bars them from school grounds and from school sporting events for the remainder of the year. 

The family members of the soccer players — Kyle Fellers, Anthony Foote, Nicole Foote, and Eldon Rash — filed their lawsuit Monday at the New Hampshire federal district court. The lawsuit alleges that the Bow school district and a local police officer violated their First Amendment rights when they demanded that the pink wristbands be removed.

The families eventually removed the wristbands after the referee informed them that the Bow girls’ team would forfeit the match if they were not removed. 

The four plaintiffs are suing the school system superintendent Marcy Kelley, principal Matt Fisk, athletic director Mike Desilets, Bow Police officer Phil Lamy, and soccer referee Steve Rossetti for violating their First Amendment rights to protest. 

“I was there to support the girls. I don’t even know where they come up with the term ‘protest.’ I wanted to show my support for girls as athletes, and for their rights to compete. In my opinion, I honestly believe what they’re doing will destroy girls’ sports,” one of the plaintiffs, Mr. Fellers, told the New Hampshire Journal. 

The Institute for Free Speech, which is supporting the family members’ lawsuit, said in a statement that the retaliation they faced is a clear violation of Constitutional rights of protest and self-expression. 

“The plaintiffs ask the court to enjoin the school from unconstitutionally using school policies as a pretense to restrict non-disruptive expression of political or social views at extracurricular events, such as silently wearing wristbands or displaying signs in the parking lot in support of protecting women’s sports for biologically female athletes,” the institute said in a statement. 

“The suit also seeks to allow the plaintiffs to attend their children’s school events, including the ongoing soccer season and silently express their views on political and social issues, including protecting women’s sports,” they add.

In an email to the Sun, the Bow school district declined to comment on the case.


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