PARENTS DEFENDING EDUCATION v. OLENTANGY LOCAL SCHOOL DISTRICT BOARD OF EDUCATION (2024)

United States Court of Appeals, Sixth Circuit.

PARENTS DEFENDING EDUCATION, Plaintiff-Appellant, v. OLENTANGY LOCAL SCHOOL DISTRICT BOARD OF EDUCATION; Mark T. Raiff, in his official capacity as Superintendent of Olentangy Local School District; Peter Stern, in his official capacity as Olentangy's Assistant Director of Equity and Inclusion; Randy Wright, in his official capacity as Olentangy's Chief of Administrative Services; Kevin Daberkow, in his official capacity as a member of the Olentangy Board of Education; Brandon Lester, in his official capacity as a member of the Olentangy Board of Education; Kevin O'Brien, in his official capacity as a member of the Olentangy Board of Education; Libby Wallick, in her official capacity as a member of the Olentangy Board of Education; Lakesha Wyse, in her official capacity as a member of the Olentangy Board of Education, Defendants-Appellees.

No. 23-3630

Decided: November 01, 2024

Before: SUTTON, Chief Judge; MOORE, CLAY, GRIFFIN, KETHLEDGE, STRANCH, THAPAR, BUSH, LARSEN, NALBANDIAN, READLER, MURPHY, DAVIS, MATHIS, BLOOMEKATZ, and RITZ, Circuit Judges.

COUNSEL ON PETITION FOR REHEARING EN BANC and REPLY: J. Michael Connolly, Cameron T. Norris, Thomas S. Vaseliou, CONSOVOY MCCARTHY PLLC, Arlington, Virginia, for Appellant. ON RESPONSE: Bartholomew T. Freeze, Genevieve M. Hoffman, FREUND, FREEZE & ARNOLD, Columbus, Ohio, Jessica K. Philemond, Sandra R. McIntosh, Mitchell L. Stith, SCOTT SCRIVEN LLP, Columbus, Ohio, for Appellees. ON BRIEF: Joseph D. Spate, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, John J. Bursch, ALLIANCE DEFENDING FREEDOM, Washington, D.C., Tyson C. Langhofer, Mathew W. Hoffmann, ALLIANCE DEFENDING FREEDOM, Lansdowne, Virginia, Ilya Shapiro, MANHATTAN INSTITUTE, New York, New York, Kayla A. Toney, FIRST LIBERTY INSTITUTE, Washington, D.C., Adam E. Schulman, HAMILTON LINCOLN LAW INSTITUTE, Washington, D.C., Brett R. Nolan, INSTITUTE FOR FREE SPEECH, Washington, D.C., Talmadge Butts, FOUNDATION FOR MORAL LAW, Gallant, Alabama, for Amici Curiae.