In a closely watched case out of Bow, New Hampshire, a federal judge has denied a request by two fathers seeking to wear pink wristbands marked “XX” to high school sporting events, a symbol widely seen as a protest against the participation of transgender athletes in girls’ sports.
U.S. District Court Judge Steven McAuliffe ruled Monday that while the fathers (Kyle Fellers and Anthony Foote) framed their actions as support for “biological girls’ sports,” the broader context of their demonstration was reasonably interpreted by school officials as targeting a transgender student, Parker Tirrell, who was playing in a girls’ soccer match for Plymouth Regional High School last fall.
The incident, which occurred in September, led to both men being banned from school grounds after they and others wore the armbands to a game featuring Tirrell. Their lawsuit, filed after the bans were lifted, asked the court to allow them to resume wearing the wristbands and carrying protest signs at future games while the case continues.
Judge McAuliffe rejected that request, writing that “symbols and posters they displayed were fully capable of conveying a demeaning or harassing message.” He emphasized that while the men may not have intended to harass, “the broader messaging is what the school authorities reasonably understood and appropriately tried to prevent.”
The decision aligns with earlier reports from Bow school officials who said they received strongly worded emails from Foote, along with social media posts encouraging others to attend the match. In the days leading up to the game, another parent reported overhearing plans by some community members to heckle Tirrell and show up wearing dresses.
“This was organized and targeted,” said Superintendent Marcy Kelley, who supported the district’s original no-trespass orders.
The court’s ruling has been praised by LGBTQ+ advocates and local school leaders as a necessary step to ensure student safety and dignity in school settings.
“When our difference in policy leads to harassment of an individual child in a limited public forum such as a sports event, that crosses a line,” said Bow School Board Chair Martin Osterloh. “I am glad Judge McAuliffe agreed.”
Brian Cullen, the school district’s attorney, noted that the ruling doesn’t prohibit the plaintiffs from expressing their opinions more broadly; it simply upholds the district’s right to maintain a harassment-free environment at events attended by minors.
“This is about the basic rights of students to feel safe where they learn and compete,” Cullen said. “That should not be a controversial limitation.”
The plaintiffs’ attorney, Del Kolde of the Institute for Free Speech, criticized the decision, calling it unconstitutional viewpoint discrimination. “This was adult speech in a limited public forum, which enjoys greater First Amendment protection,” he said.
Meanwhile, Parker Tirrell, the transgender student at the center of the protest, is now part of a separate federal lawsuit challenging New Hampshire’s ban on transgender athletes competing in teams aligned with their gender identity. That case also challenges President Trump’s February executive order titled “Keeping Men Out of Women’s Sports.” A judge in that case has allowed Tirrell and another student to continue playing during the ongoing proceedings.
The ruling in Bow underscores a growing national debate over how schools should balance free speech with protections for transgender students. For many transgender youth and their families, this decision is more than a legal matter; it’s a message of affirmation that their dignity matters.
For further coverage of this case, see our earlier reporting:
Lawsuit Challenges NH School District Over Trans Athlete Protests
NH Courts Hear Cases on Transgender Student Inclusion
