Settlement Bars Olentangy School District from Enforcing Anti-Harassment Policies Against Students Using Birth-Sex Pronouns

U.S. District Judge Algenon L. Marbley entered the consent judgment on May 15, finding the agreement "fair, adequate, and reasonable" and consistent with the public interest in avoiding costly litigation.

The settlement resolves claims brought by Parents Defending Education on behalf of its members, including Parents A, B, C, and D, against the school district and its officials. The suit challenged the district’s "Anti-Harassment" Policy (Policy 5517), "Personal Communication Devices" Policy (Policy 5136), and discriminatory language provisions in the Code of Conduct.

Under the terms of the consent judgment, the school district is barred from enforcing these policies against any student for referring to another student, in a commonplace way, using pronouns consistent with that student’s birth sex but inconsistent with their gender identity.

However, the agreement explicitly preserves the district’s ability to enforce the same policies to prevent the abuse of transgender students, treating them the same as it does the abuse of all other students.

The case had moved through a complex procedural history. U.S. District Judge Marbley initially denied a preliminary injunction in July 2023. A Sixth Circuit panel affirmed that denial in July 2024. The court then granted rehearing en banc in November 2024.

On November 6, 2025, the en banc Sixth Circuit reversed the district court’s denial of the preliminary injunction, concluding that Parents Defending Education was entitled to an appropriately tailored injunction.

Following that remand, Marbley granted the preliminary injunction proposed on January 27, 2026, modifying it for clarity and style.

The final consent judgment includes an affirmative obligation for the school district to educate its faculty about the settlement terms of the 2026–27 school year.

The district must ensure that appropriate training is provided to all employees who interact with students on or day of the upcoming school year. This training will include email reminders and information presented during back-to-school professional development.

The consent judgment fully resolves all claims and demands without costs, disbursements, or attorneys’ fees to any party.

Marbley retained jurisdiction over the litigation for purposes of enforcement or modification of the consent judgment.

The district’s officials named include Superintendent Mark T. Raiff, Chief of Administrative Services Randy Wright, Assistant Director of Equity and Inclusion Peter Stem, and board members Kevin Daberkow, Brandon Lester, Kevin O’Brien, Libby Wallick, and Lakesha Wyse.