Federal Judge Upholds NH School's Ban on 'XX' Wristband Protest, Parents Appeal

CONCORD, NH – A federal judge has ruled in favor of the Bow School District, upholding its decision to ban two New Hampshire parents, Anthony Foote and Kyle Fellers, from school grounds after they wore pink "XX" wristbands to protest the participation of a transgender athlete on an opposing girls' soccer team. The ruling by U.S. District Court Judge Steven McAuliffe denied the parents' request for a preliminary injunction, asserting the school's authority to restrict speech deemed potentially demeaning or harassing to students. The parents, represented by the Foundation for Individual Rights and Expression (FIRE) and the Institute for Free Speech, have since appealed the decision to the U.S. Court of Appeals for the First Circuit.

The incident occurred on September 17, 2024, during a girls' soccer game between Bow High School and Plymouth Regional High School, which included transgender athlete Parker Tirrell on the Plymouth team. Foote and Fellers wore wristbands featuring the "XX" symbol, referencing female chromosomes, as a silent protest against biological males competing in girls' sports. Following the event, the Bow School District issued no-trespass orders against the parents, leading to their lawsuit alleging violations of their First Amendment rights.

Bow School District Superintendent Marcy Kelley stated that the wristbands were perceived as "organized and targeted," violating school policy against "threatening, harassing, or intimidating" any person. Judge McAuliffe concurred, writing that the "XX" symbols, in context, could "reasonably be understood as directly assaulting those who identify as transgender women" and that the school was obligated to protect students from such perceived harm. School officials maintained that the protest disrupted the educational atmosphere and targeted a specific student.

The parents, including Nicole Foote and Eldon Rash, argued that their actions constituted non-disruptive political speech and that the school engaged in viewpoint discrimination. Del Kolde, a senior attorney for the Institute for Free Speech, expressed strong disagreement with the ruling, stating, "This was adult speech in a limited public forum, which enjoys greater First Amendment protection than student speech in the classroom." He emphasized that the parents did not intend to target any specific student but to advocate for fair competition in girls' sports.

Following the federal judge's decision, the parents filed an appeal to the First Circuit Court of Appeals, seeking to overturn the ruling and protect their right to protest. The case has also drawn attention from federal authorities, with U.S. Attorney General Pam Bondi announcing that her Civil Rights Division is examining the matter. This legal battle unfolds amidst a broader national debate and ongoing challenges to New Hampshire's state law (HB 1205) that aims to restrict transgender athletes from playing on teams aligning with their gender identity.