A sweeping en banc decision issued on November 6, 2025, by the United States Court of Appeals for the Sixth Circuit has delivered one of the most significant First Amendment rulings involving public schools in recent years, and its reach now extends fully into Michigan.
The case, Parents Defending Education v. Olentangy Local School District, challenged an Ohio district’s harassment and conduct policies that compelled students to use other students’ preferred pronouns, even when those pronouns conflicted with their personal or religious beliefs. Students who declined were threatened with consequences ranging from no contact orders to expulsion.
Defending Education argued that the policies crossed a constitutional line by forcing students to speak in a way mandated by the government. Although the organization initially lost in lower courts, the full Sixth Circuit reversed that outcome in a 10 to 7 decision issued November 6. The court held that the policy likely violated the First Amendment because it compelled speech, something the Constitution strongly restricts.
Because Michigan is part of the Sixth Circuit, along with Kentucky, Ohio and Tennessee, the ruling now binds all public school districts in Michigan. It means that Michigan schools cannot enforce policies that punish students for refusing to use preferred pronouns.
Nicole Neily, president of Defending Education, praised the court’s intensive analysis and said the ruling reinforces long standing free speech protections. Critics have accused the group of enabling bullying, but Defending Education maintains the case is fundamentally about preventing government compelled speech.
The November 6 ruling is expected to influence additional legal disputes throughout the region, including cases developing inside Michigan over parental notification and gender identity procedures in public schools.
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WHAT EN BANC MEANS
Most federal appeals cases are decided by a small three judge panel. An en banc ruling means the case was reheard by the full bench of active Sixth Circuit judges. This is reserved for cases involving major constitutional questions or situations where the court wants to correct or clarify its own precedent.
An en banc decision carries more weight than a normal panel ruling because it reflects the judgment of the entire court, not just three judges.
HOW A SIXTH CIRCUIT RULING AFFECTS MICHIGAN
The United States is divided into regional federal appellate circuits. Michigan is part of the Sixth Circuit, along with Ohio, Kentucky and Tennessee. When the Sixth Circuit Court of Appeals issues a ruling, that decision becomes binding law on every federal court, public school district and public institution inside those four states, even if the original lawsuit began in only one of them.
States outside the Sixth Circuit are not required to follow the ruling, but courts in other regions may treat it as persuasive when handling similar cases.