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A former Exeter High School student disciplined after he was falsely accused of using the wrong pronouns lost his lawsuit even though school officials lied on the stand, a judge ruled on Monday.

Rockingham Superior Court Judge Andrew Schulman quoted the band Buffalo Springfield (“There’s battle lines being drawn; Nobody’s right if everybody’s wrong”) and the movie “Casablanca” in his 18-page ruling that blasts school officials for their dishonest testimony.

Exeter High School Assistant Principal Marcy Dovholuk and Football Coach William Ball both testified during last year’s bench trial that the boy was suspended from the football team because he used supposedly inappropriate language like “bozo” and “STFU” in a text conversation and not because he allegedly misgendered another student. 

“The school officials’ purported shock at plaintiff’s use of the terms ‘bozo’ and ‘stfu’ has all the believability of Captain Renault’s famous exclamation of shock in Casablanca. Context is everything,” Schulman wrote.

But the student still lost his case because New Hampshire law does not allow public institutions like schools to be held accountable for violating civil rights unless there are at least monetary damages, according to Schulman’s ruling.

“Because New Hampshire law does not recognize a private cause of action for a political subdivision’s violation of a plaintiff’s State Constitutional rights in the absence of bodily injury, property damage, personal injury or statute, the court grants judgment to the defendants,” Schulman wrote.

Attorney Richard Lehmann, who represents the student and his mother, called Schulman’s ruling a partial victory because the judge found the facts favor his client, even if the law does not.

“My clients won this case on everything but the law. The court believed their testimony and did not believe the testimony of school officials when they said that they did not take any action against my client because he expressed his beliefs,” Lehmann told NHJournal.

The boy, who has since transferred to another school, is referred to as MP in the lawsuit to protect his identity. MP and his mother were seeking $1 in nominal damages from the school for violating his free speech and religious rights. The student’s belief in only two genders is informed by science and his Catholic faith. 

Christian advocacy organization, Cornerstone, backed  MP’s lawsuit, and plans to back his appeal to the New Hampshire Supreme Court.

“Cornerstone and its attorneys look forward to appealing this decision to the New Hampshire Supreme Court—which will be bound by the trial court’s findings of fact—and to securing a ruling that will protect free speech and religious liberty for all Granite State students,” said Cornerstone’s Executive Director Shannon McGinley.

MP’s beliefs became a problem in September 2021 when he was a freshman and a member of the high school football team. While talking to friends after school on a bus, MP expressed his belief there are only two genders, according to the fact Schulman recites in his ruling. Another student, referred to as AG, took offense to that comment even though she was not part of the conversation and the comment was not directed at her, according to the ruling.

“AG formed the opinion that [MP] had the subjective  belief that there are only two genders. In fact, that is exactly what [MP] believed. He follows what he represents  to be the Catholic religious doctrine that God created human beings as male or female,” Schulman wrote. “AG believed differently and she took it upon herself to correct [MP] by saying in a loud and somewhat aggressive tone of voice that there are more than two genders.”

MP disagreed and said he believed there are openly two genders, and the conversation on the bus ended there. However, AG did not want to let it go and got MP’s cell phone number. She then restarted the argument via text later that evening, according to the ruling. 

“How are you in high school and don’t know the difference between sex and gender? Give a valid reason why ‘there’s only 2 genders,’” AG demanded via text.

AG was seeking a fight when she sent the text unprompted, and continued to argue with MP into the night, according to Schulman.

“The court pauses to consider the import of AG’s text: She intruded upon the plaintiff’s private life by sending an  uninvited and borderline hostile text to him directly. She asked a question, thereby inviting a response. She had no reason to expect that the response would be an apology indicative of cheerful agreement with her point of view. The tenor of her text did not suggest a desire for an open exchange of views. At best AG was proselytizing; at worst she was berating,” Schulman wrote.

Throughout the following text discussion, MP seems to want to end the conversation without backing down from his views, while AG continued to push her views. During the argument AG condescended to MP for his “ignorance” on gender. For his part, MP seemed to want to end the argument.

“Just STFU and leave me alone. U brought this up knowing ur wrong bozo. So grow up and maybe then you’ll realize that there are only 2 genders and sexes,” MP wrote.

But AG would not let the matter go, according to the ruling. The next day she sent an email to Ball that made false accusations MP engaged in “extreme ” transphobic bullying, according to Schulman. Neither Ball nor any other school official bothered to investigate AG’s accusations before they took action against MP, according to Schulman. Based on testimony and evidence presented at the trial, Schulman found no evidence MP engaged in any transphobic bullying.

Dovholuk and Ball decided to punish MP for his alleged transphobia, but in a way that left no paper record, according to Schulman. Instead of a formal write-up, Ball was authorized to suspend MP from the football team for up to a week.

On the witness stand, both Ball and Dovholuk claimed the punishment was for using the disrespectful terms “bozo” and “STFU,” and not for stating he believes there are two genders.

“The court does not believe the school witnesses on this point. The school witnesses are honorable people in an honorable profession, but, in the court’s view, they were dishonest about their motivations,” Schulman wrote.

Neither Ball nor Dovholuk responded to a request for comment. SAU 16 Superintendent Esther Asbell is out of the office until July 30. School Board Chair Bill Gauthier declined to comment Monday, saying he had yet to read the ruling.

Legislation about behavior at school came down to a matter of attendance at the New Hampshire House on Thursday.

The Parents Bill of Rights (SB 272) was “indefinitely postponed” by a vote of 195-190, meaning that the topic is dead under House rules for the rest of the current two-year legislative session.

“They completely nuked the bill,” said Rep. Erica Layon (R-Derry), a parental rights supporter. “It would take a two-thirds majority to bring it back, and that won’t happen.”

Polls show Granite State voters — and parents in particular — support the legislation, which would prevent school employees from keeping information about a student’s on-campus behavior secret from parents who ask about their own children. Because that includes behavior regarding sex and gender, Democrats have attempted to label the bill anti-LGBT, arguing that parents are too dangerous to be allowed to have this information about their children.

A handful of absences among GOP members and near-perfect attendance by Democrats in the closely-divided House left Republicans without a functioning majority. When Republicans began defecting to add amendments to the Senate bill, the battle was lost.

Majority Leader Jason Osborne (R-Auburn) drew equal boos and cheers as he made an angry statement about the vote from the House well.

“For the next two years, parents will have to continue to accept that school is a mysterious and secretive black box where they deposit their children. Who knows what will happen inside that box, and who knows what will come out the other side?” Osborne said. “By indefinitely postponing this bill, parents will have no choice but to avail themselves of the wildly successful Education Freedom Accounts.”

The writing was on the wall early in the day when Rep. Mike Bordes (R-Laconia) gave cover to Republican defectors with an amendment altering the bill so as to remove references to LGBTQ identities and remove the requirement that schools not lie to parents. Several other Democratic-sponsored amendments passed as well, with the net effect of essentially gutting the bill. 

Supporter Rep. Joe Sweeney (R-Salem) tried and failed to have the bill tabled, which would have meant it could be brought back in some form later in the current legislative session.

“We should not be cutting our legs off to continue to have this discussion,” Sweeney said. 

But the die was cast and, with the help of Republican Reps. David Bickford (R-New Durham) and Joseph Guthrie (R-Hampstead), Democrats notched a major win.

House Speaker Sherman Packard (R-Londonderry) said the state GOP will continue pushing for parents’ rights.

“I am disheartened House Democrats chose institutions over New Hampshire parents today,” Packard said in a statement. “They chose secrets over parent-involved solutions. They chose to ignore the majority of New Hampshire parents who made it clear they were looking for legislative support to help protect their rights and their children.”

Senate Republicans called on Gov. Chris Sununu to issue an executive order setting to affirm parental rights, saying Democrats have betrayed families.

“The decision by Democrats to block this important bill is a direct assault on parental rights and a clear indication of their misguided priorities. By denying parents the opportunity to exercise their inherent authority, Democrats have undermined the very fabric of our society, where the family unit and parental involvement play an essential role in the upbringing and development of our children,” Senate Republicans said in a statement.

“We urge Gov. Sununu to take a stand for Granite State parents and issue an executive order to affirm the rights they rightly deserve.”

Sununu did not respond to a request for comment.

Rep. Alissandra Rodrigues Murray (D-Manchester) spent time hugging and chatting with 603Equality founder Linds Jakows, who lobbied hard against the legislation. Jakows even offered a plane ticket to fly a vacationing Democrat from Florida so he could vote against the bill.

Asked to comment on the victory, Murray replied, “I don’t talk to New Hampshire Journal.”  

Rep. Gerri Cannon (D-Somersworth), who identifies as a woman, understands parental concerns about kids’ behavior at school. Cannon agreed parents should be able to know what’s in the curriculum and is being taught in classrooms, but added concern for the safety of LGBTQ children is paramount.

“If they don’t have the right to be themselves, it can put them at risk,” Cannon said.

Cannon was echoing the message New Hampshire Democrats have made the center of their opposition to parental rights: Parents are potentially too dangerous to the lives and safety of their own children to be given the same information about their kids that school officials have.

Enough Republicans agreed with Cannon and the rest of the Democrats to kill the bill.

“I think there are some people on the Republican side who support the rights of children just like any person, and there are people who understand there is the potential for harm,” Cannon said.

Even with the bill knocked out for the next two years, the parents’ rights issue isn’t going away. Shannon McGinley, executive director of the pro-family advocacy group Cornerstone Action, said parents let down by their lawmakers need to get active.

“As the House will not act, the next step is to fight this battle on the local level. All we need is for parents to be just as fearlessly, consistently engaged with their local school boards as progressive activists are,” McGinley said. “If you are too afraid of controversy to speak up, then the cultural left will always win by default.

“But if one New Hampshire school board will stand up to the intimidation and cynical legalese of these groups, then other school boards could fall like dominoes.”

A Superior Court judge has ordered mediation in the lawsuit brought after Exeter High School officials punished a Catholic student for saying there are two genders.

However, Ian Huyett, the attorney for the student and his family, says a settlement is unlikely given Exeter’s current stance, expressed in a recent letter to the school community.

“Given the contents of the letter that (Superintendent) David Ryan sent out on Wednesday, I don’t anticipate that they’ll have any interest in doing that,” Huyett said. 

Ryan sent the letter last week, doubling down on the district’s stated embrace of diversity after Judge David Ruoff issued the scheduling order, which stipulates the two sides attempt to settle the case through an Alternative Dispute Resolution.

“Despite our best intentions to create a safe and welcoming environment for all in our community, we have members in our community who continue to experience feelings of hate and disrespect,” Ryan wrote. “We are a community of acceptance. This means we welcome you with all of your uniqueness, no matter your race, religion/spiritual beliefs, sex, age, national origin, sexual orientation, gender identity, ability/disability, or family structure.”

The student, known in the lawsuit as M.P., claims he was disciplined for expressing his views, informed by his Catholic faith, that there are only two genders. M.P. claims he expressed these views outside of school and off the football field.

Exeter High School and SAU 16 officials struck back saying M.P. was disciplined for being a bully, not for expressing his religious views. The district’s attorney, Michel Eaton claims M.P. is not the victim of religious discrimination. Instead, he was benched for one game by his coach for violating the team’s code of conduct. The benching had nothing to do with the school’s transgender discrimination policies, according to Eaton.

“M.P.’s coach did not decide to bench M.P. based upon M.P.’s opinion that there are only two genders, nor would he. Rather, M.P. was benched for using crude, inappropriate, and disrespectful language while communicating with Student Doe. This behavior was consistent with M.P.’s documented history of bullying and inappropriate behavior, including such behavior on the school bus and such behavior targeted at Student Doe specifically,” Eaton wrote in the district’s response to the lawsuit.

Student Doe, who is not transgendered, is the student with whom M.P. had a reportedly heated conversation about gender and sexuality while on the school bus. This conversation later continued via text messaging, according to court records. Student Doe, in turn, reported the conversation to M.P.’s coach, Eaton wrote.

“M.P.’s coach took what he believed to be an appropriate and limited remedial measure to teach and ensure the respect that is expected of all student athletes,” Eaton wrote.

Huyett claims in the lawsuit that M.P. was punished for expressing his opinion, not for violating any rule.

“M. P. did not harass or demean any student, but simply expressed his views on a contentious cultural issue,” Huyett said in a statement.

Huyett is an attorney with Cornerstone, a conservative Christian organization. While Cornerstone is defending M.P.’s First Amendment rights in this case, the state’s ACLU has been silent. Instead, New Hampshire’s ACLU is part of a federal lawsuit, along with Exeter’s Andres Mejia, against the state over the so-called “banned concepts” law. Mejia is the director of Diversity, Equity, Inclusion, and Justice for the Exeter Region Cooperative School District, and a board member of the Black Lives Matter Seacoast organization.

The anti-discrimination law challenged by the ACLU and Mejia, signed by Gov. Chris Sununu as part of the state budget, prohibits students from being taught that “a person, because of their membership in one or more identified group(s), is inherently either: (1) racist, sexist, or oppressive, consciously or unconsciously or (2) superior or inferior to people of another identified group.”