No Consensus as Sixth Circuit Considers Trans Bullying Policy

The entire Sixth Circuit on Wednesday lobbed questions and hypotheticals to a large Ohio school district and a conservative group on whether the district’s policies that prohibit the bullying of transgender students runs afoul of the First Amendment, but there was little clear consensus.

The Republican-leaning court—which for this argument included the full slate of active judges and one senior judge—didn’t indicate anything close to agreement during nearly 80 minutes of en banc arguments in a packed Cincinnati courtroom. It was clear that different judges were troubled for different reasons.

Some judges from the US Court of Appeals for the ...