Parents Defending Education v. Olentangy Local School District Board of Education
Description: Parents Defending Education is challenging three overbroad Olentangy Local School District policies that compel students to speak contrary to their deeply-held beliefs and that discriminate against their views.
ADF to 6th Circuit: Compelled pronouns violate free speech
The following quote may be attributed to Alliance Defending Freedom Senior Counsel and Vice President of Appellate Advocacy John Bursch regarding a proposed friend-of-the-court brief ADF attorneys filed Wednesday with the U.S. Court of Appeals for the 6th Circuit in Parents Defending Education v. Olentangy Local School District Board of Education in support of educators and students’ First Amendment right to speak according to their deeply held beliefs. In the case, a three-judge panel affirmed the denial of preliminary relief. But the full 6th Circuit vacated that panel opinion, and now Parents Defending Education is asking the full court to reverse the denial:
“First Amendment rights don’t disappear behind school doors—whether you’re a teacher, parent, or student. Olentangy Local School District has joined a troubling trend of school districts adopting gender-identity policies that force their staff and students to convey a message on a fundamental issue of human nature that directly conflicts with their faith. As we explain in our brief, for many people, the choice of pronouns communicates their belief that sex is immutable, and to use pronouns or names that reflect a gender identity inconsistent with sex violates their core convictions. The First Amendment guarantees every student and educator the right to speak in a manner consistent with their beliefs. We are urging the full 6th Circuit to affirm this fundamental constitutional protection.”
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
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John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position. Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School and is admitted to practice in numerous federal district and appellate courts, including the U.S. Supreme Court.