Federal judge tosses part of parents' LGBTQ+ rights case against Hilliard City Schools
A federal judge dismissed parts of a federal lawsuit filed against Hilliard City Schools by a group of parents who have spent more than a year trying to ban discussions of sexual matters with students and prevent teachers from wearing badges showing support for LGBTQ+ students.
In a decision released Friday, U.S. District Court Judge Michael Watson said portions of the lawsuit are not valid because the plaintiffs argued that something might happen in the future but has not currently happened.
"Plaintiffs do not allege that their children have told, nor that they will — or even may — tell school officials that they are LGBTQ+ or are experiencing mental health symptoms ... Plaintiffs do not allege an injury-in-fact," Watson writes in his ruling.
Watson ruled that portions of an amended complaint filed on April 1 by the parent group involving allegations that a female student was forced to identify as male by school staff, driving the child to attempt suicide, can proceed through litigation.
Hilliard City Schools Superintendent David Stewart said in a statement issued Monday that he was appreciative of Watson's decision to dismiss most of the suit and said the district "looks forward to presenting a set of facts that clearly contradict the few remaining claims."
"We live in challenging times with complicated issues – for students, parents, teachers and school administrators," Stewart wrote in a statement. "We want to take on these complicated issues and help our students and parents however we can, but such false allegations undermine our mission and the hard work of our dedicated staff and teachers."
The group of eight parents sued the school district in January 2023 after the Hilliard Education Association, the union for the district's teachers, said some teachers had chosen to wear badges reading "I'm here. Safe person. Safe space." The badges also had a QR code on the back with resources for teachers that the parents alleged had sexually explicit material that was accessible to students.
However, Watson said in his ruling that none of the parents had argued in the lawsuit that any of their children, or other children, had accessed the material or were harmed by it.
Stewart previously said the district was unaware of any student scanning the QR code.
Watson's ruling says that any assertion by the parents that teachers not wearing the badges or parents without the badges were "unsafe" was not a violation of the parental rights.
"Because In-District Plaintiffs have not alleged that they engage in — or want to engage in — any First Amendment activities that might make the District label them as 'unsafe,' they have not alleged any injury," Watson wrote.
After the initial lawsuit was filed in early 2023, the district filed a motion to have the case thrown out. Before a ruling could be made on that motion, the parents filed an amended complaint, which resulted in a new motion to toss the case.
The school board and superintendent have been dismissive of the allegations contained in the lawsuit, saying it is rife with mischaracterizations and false claims.
The parents filed the most recent amended complaint before Watson's ruling. The district has not yet filed a motion to dismiss the new claims in the newly amended complaint. Those allegations involve the parent of a biologically female student.
The parent accused district staff of forcing the child to use male pronouns and a male name at school but using female pronouns and a female name with parents. After a postcard was sent to the child's home using the male pronouns, the complaint says the parent sought medical treatment for their child, particularly related to their mental health.
The complaint says the child later attempted suicide at the school, which the parent said was a direct result of the district forcing the child to misidentify.
Watson said those portions of the lawsuit can proceed through the legal process.
This article originally appeared on The Columbus Dispatch: Federal judge tosses part of LGBTQ+ lawsuit against Hilliard schools
