Middleborough, Massachusetts seventh grader Liam Morrison made headlines in 2023 when school officials sent him home for wearing a t-shirt which bore the slogan "There Are Only Two Genders."

While Morrison argued that the shirt was constitutionally protected speech, the Supreme Court has enraged Republicans by refusing to hear his case. 

Justices Samuel Alito and Clarence Thomas voice dissent

According to Breitbart, America's highest judicial body announced on Tuesday that it will not hear the student's appeal of a district court ruling which was later upheld by the First Circuit Court of Appeals.

In her decision, U.S. District Judge Indira Talwani agreed with the school's contention that "students who identify differently … have a right to attend school without being confronted by messages attacking their identities."

While the Supreme Court has ensured that Talwani's ruling will be allowed to stand, that move did not go over well with conservative Justice Samuel Alito.

"So long as the First Circuit’s opinion is on the books, thousands of students will attend school without the full panoply of First Amendment rights. That alone is worth this Court’s attention," Alito wrote a dissent which was joined by Justice Clarence Thomas.

Alito: "School must tolerate dissenting student speech"

"The problem, however, runs deeper: as this case makes clear, some lower courts are confused on how to manage the tension between students’ rights and schools’ obligations," Alito continued.

"Our Nation’s students, teachers, and administrators deserve clarity on this critically important question. Because the Court has instead decided to let the confusion linger, I respectfully dissent," the Republican appointee declared.

"If a school sees fit to instruct students of a certain age on a social issue like LGBTQ+ rights or gender identity, then the school must tolerate dissenting student speech on those issues," Alito argued.

"If anything, viewpoint discrimination in the lower grades is more objectionable because young children are more impressionable and thus more susceptible to indoctrination," he insisted.

Attorney: "Schools can’t suppress students' views they disagree with"

David Cortman serves as vice president and senior counsel at Alliance Defending Freedom, a conservative legal group which represented Morrison, and he expressed disappointment with Tuesday's decision.

‼️BREAKING‼️SCOTUS declines to hear ‘There are only two genders’ T-shirt case.

“We’re disappointed the Supreme Court chose not to hear this critical free speech case. As Justice Alito recognized: ‘The case presents an issue of great importance for our Nation’s youth.’ Students… pic.twitter.com/stQNfyVN8p

— Alliance Defending Freedom (@ADFLegal) May 27, 2025

"As Justice Alito recognized: 'The case presents an issue of great importance for our Nation’s youth,'" Cortman said in a statement.

"Students don’t lose their free speech rights the moment they walk into a school building. Schools can’t suppress students’ views they disagree with," he asserted before noting how Morrison's school "actively promotes its view about gender through posters and 'Pride' events."