A federal appeals court returned a free speech case to a lower New Hampshire court on Wednesday, after a district judge denied a group of Bow parents’ request to silently protest at sports games.
The U.S. Court of Appeals for the First Circuit’s decision comes nine months after it heard oral arguments in the dispute over pink “XX” wristbands worn by Bow parents at a girls’ soccer game to signal their opposition to transgender athletes competing in girls’ sports.
The court said in its judgment that the parents have a strong case and that the school district may have violated their rights by restricting silent protest because of the viewpoint they were expressing.
“The characteristics of the school as a place of learning reinforce that administrators cannot favor one side of a debate involving parental speech on an issue of prominent public concern, and which, in those parents’ views, concerned the safety of their children,” the judges wrote.
The dispute began in September 2024, when Bow parents Anthony and Nicole Foote, along with Kyle Fellers and Eldon Rash, sued the Bow School District, its staff and Superintendent Marcy Kelley.
The parents argued their constitutional rights were violated after the district issued no-trespass orders against them for wearing pink wristbands marked “XX” at a girls’ soccer game to represent their opposition to transgender athletes competing in girls’ sports.
U.S. District Court Judge Steven McAuliffe rejected that request.
Now, with the federal court having remanded the case back to the lower court, further proceedings will involve consideration of interim relief for the parents, according to the Institute for Free Speech, which represents the parents.
“All we wanted was to cheer on our daughters and stand up for what we believe. Instead, officials threatened us and banned us from school grounds for wearing a wristband. No parent should have to go through that,” explained Fellers. “Today’s decision is a victory not just for our family, but for every parent who believes they have the right to peacefully express their views at a public event.”
