By Islam El-Sakka
Two New Hampshire fathers who wore pink wristbands marked “XX” to a high school soccer game to protest transgender athletes have won a federal court settlement after more than two years of litigation.
Court Ruling
U.S. District Judge Steven McAuliffe ruled Thursday that Kyle Fellers and Anthony Foote have a First Amendment right to silently wear the wristbands and that the Bow school district violated that right by banning them from school grounds.
Settlement Details
Under the agreement, the district’s risk pool will pay $225,000 to the Institute for Free Speech, which represented the men, and $50,000 to their attorney. Each plaintiff will receive $17.91, an amount symbolizing the year the First Amendment was ratified.
Background
The men were barred from school property after a 2024 game that included a transgender girl on the opposing team. School officials argued they had a duty to protect students from harassment, citing statements by Foote and reports that other parents discussed heckling the athlete. Both men testified they did not intend to harass or target the player.
Appeals Court Decision
A federal appeals court previously ruled in their favor, finding that school officials “cannot favor one side of a debate involving parental speech on an issue of prominent public concern.”
Attorney Statement
“Parents don’t surrender their First Amendment rights when they walk into a high school soccer game,” said Endel Kolde, attorney for the Institute for Free Speech. The school district did not respond to a request for comment.
