The Supreme Court has declined to hear a case that could clarify students’ rights to express views challenging the prevailing liberal embrace of gender ideology.

We know the Supreme Court can only accept a fraction of cases on appeal and must consider a range of challenges as broad as the Constitution itself. But it seems that issues begging for resolution are being pushed aside, tipping the scales toward acceptance.

Is the raging debate over “two genders” too hot to handle? The high court’s rejection of gender-related cases covering school restrooms, locker rooms, and women’s sports has been a source of frustration since 2019. The unresolved question is whether Title IX protects students based on their biological sex rather than their gender identity — a question the Supreme Court has never answered.

Rejecting cases about school sports and spaces has stymied resolution of issues surrounding students’ rights and schools’ obligations to protect them. Related cases now challenge discrimination against students wearing expressive T-shirts. We have seen stories of female athletes and spectators at sporting events being told to remove shirts declaring “Girls’ sports for girls only.” The Supreme Court's latest dodge involves a T-shirt proclaiming “There are only two genders.”

In its May 27 order, the court denied a petition to hear the case of L.M. et al. v. Middleborough. Not all justices agreed. Justice Samuel Alito, joined by Justice Clarence Thomas, issued a weighty 14-page dissent.

“This case presents an issue of great importance for our nation’s youth: whether public schools may suppress student speech........

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