Full Breakdown
Appeals Court Reverses District Court Ruling on Parents’ Wristband Protest at New Hampshire Girls’ Soccer Game
8/27/2026, 6:22:11 AM
Core Event: Federal Appeals Court Finds Likelihood of Viewpoint-Discrimination Claim
In August 2026, the First U.S. Circuit Court of Appeals held that parents who wore pink “XX” wristbands to protest a transgender athlete’s participation in a girls’ soccer game had a “reasonable likelihood” of succeeding on a First Amendment viewpoint-discrimination claim. The court sent the case back to the District of New Hampshire for further proceedings, overturning the district court’s earlier finding that the school’s actions were viewpoint-neutral.
Background & Context
Bow High School in Bow, New Hampshire, enforced a state law enacted in early 2024 that bars athletes from competing on teams that do not align with their biological sex. Transgender students Parker Tirrell and Iris Turmelle, represented by the American Civil Liberties Union of New Hampshire, sued state and district officials in August 2024, securing a preliminary injunction that allowed them to try out for girls’ teams while the case proceeded.
In the lead-up to a September 17, 2024, soccer match—scheduled to feature Tirrell on the opposing team—parents Kyle Fellers, Anthony Foote, Nicole Foote and others distributed wristbands marked “XX” (a reference to female sex chromosomes) to spectators. Athletic director Michael Desilets asked Foote to remove the wristbands; after initial refusal, the school police, represented by Lt. Philip Lamy, ordered the wristbands removed or the protesters would be asked to leave. Fellers complied, but his father-in-law Eldon Rash subsequently put a wristband on, prompting referee Steve Rosetti to halt the game for about fifteen minutes until the wristband was removed. The district subsequently issued no-trespass orders barring the parents and associated adults from school property and events.
Timeline
- September 17, 2024 (scheduled): Girls’ soccer game at Bow High School; parents distribute “XX” wristbands.
- 2025: U.S. District Court for the District of New Hampshire denies preliminary injunction, deeming the school’s rules “reasonable, viewpoint neutral” and characterizing the wristbands as targeting a specific transgender student and demeaning an immutable characteristic.
- August 2026: First U.S. Circuit Court of Appeals issues opinion finding the wristbands a passive, silent protest and remands the case for reconsideration.
Official Statements & Responses
- Bow High School officials argued that the wristbands could be perceived as harassment under Title IX. Athletic director Desilets and Lt. Lamy maintained that the protest targeted a specific student and demeaned a core personal characteristic, justifying the removal order. Superintendent Kelley described the “XX” symbol as “exclusionary” and “anti-trans,” while Principal Matt Fisk labeled it “hateful.”
Conflicting Judicial Findings
The district court concluded that the school’s restrictions were “reasonable, viewpoint neutral” and that the wristbands constituted harassment because they targeted a specific transgender student. The appellate court disagreed, characterizing the wristbands as a “passive, silent gesture of protest” that did not cause material disruption or harassment, and therefore likely violated the First Amendment’s viewpoint-neutrality requirement.
Verbatim Quotes
- “If school officials allow expression supporting one side of a political debate, they cannot ban silent, peaceful expression on the other side,” — Del Kolde, a senior attorney at the Institute for Free Speech
What’s Next
The district court has been instructed to reconsider the case in light of the appellate court’s findings. No further hearings or deadlines have been scheduled publicly.
