Bow parents appeal court ruling over free speech in transgender athlete protest

Protesters wear pink armbands on the sidelines of the Bow girls soccer game on Tuesday, September 24, 2024.

Protesters wear pink armbands on the sidelines of the Bow girls soccer game on Tuesday, September 24, 2024. GEOFF FORESTER

By SRUTHI GOPALAKRISHNAN

Monitor staff

Published: 05-05-2025 4:57 PM

Modified: 05-06-2025 2:45 PM


A group of Bow parents has filed an appeal with the U.S. Court of Appeals after a federal judge ruled they cannot wear pink wristbands at school sporting events to protest the participation of transgender athletes in girls’ sports.

The appeal, filed on May 2 by Kyle Fellers, Eldon Rash, a family member of Fellers, and Anthony and Nicole Foote, challenges the April 14 decision by U.S. District Court Judge Steven McAuliffe.

The ruling stemmed from a lawsuit the parents filed against the Bow School District and Superintendent Marcy Kelley last fall. In the suit, the parents argued that their First Amendment rights had been violated when the district issued no-trespass orders to Anthony Foote and Fellers for wearing pink wristbands at a girls’ soccer game at Bow High School.

The parents had asked to be allowed to wear the wristbands during spring season games before a final judgment in the case is issued.

McAuliffe’s order prohibits the group from displaying protest symbols, such as the pink wristbands, during Bow High School-sponsored activities. However, the decision clarified that the parents remain free to express their views in other public spaces not affiliated with the school.

The court determined that school grounds and events constitute a “limited public forum,” where officials have the authority to regulate speech to align with educational policies and objectives.

The United States Department of Justice has also publicly stated that it will look into the case after the court issued a ruling against parents.

Sruthi Gopalakrishnan can be reached at sgopalakrishnan@cmonitor.com

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