Massachusetts
Massachusetts middle schooler banned from wearing ‘only two genders’ shirt loses federal appeals case
The local middle schooler who was barred from wearing an “only two genders” shirt to school has lost his federal appeals case, as his attorneys consider a Supreme Court appeal.
The U.S. Court of Appeals for the 1st Circuit in Boston has ruled against Middleboro student Liam Morrison in the high-profile First Amendment case.
Liam, now in 8th grade, last year was banned by school officials from wearing a shirt to school that read, “There are only two genders.” The 7th grader then wore a shirt that stated, “There are censored genders,” and again, he was ordered to take off the shirt.
A U.S. district judge previously ruled in favor of the Middleboro school officials, and the appeals court over the weekend affirmed the district court’s ruling.
“This case is about much more than a t-shirt,” a lawyer for the Massachusetts Family Institute said in response to the appeals court ruling. “The court’s decision is not only a threat to the free speech rights of public school students across the country, but a threat to basic biological truths.”
“While we are disappointed in this decision, we aren’t done fighting yet,” the attorney Sam Whiting added. “Along with our partners at Alliance Defending Freedom, we are reviewing all legal options, including appealing to the United States Supreme Court.”
The Middleboro school district each year celebrates Pride month, hanging Pride flags and sending the message that there are “an unlimited number of genders,” one of Liam’s lawyers had argued in front of the appeals court.
In response to the school’s view, Liam wore the controversial shirt to Nichols Middle School last year.
School officials in response to the shirt told Liam to either take off the shirt or leave school for the day. Liam chose to miss the rest of his classes that day.
When the Middleboro principal pulled Liam out of class and told him he had to take off his shirt, the principal said they had received complaints about the words on his shirt — and that the words might make some students feel unsafe.
“Middleborough was enforcing a dress code, so it was making a forecast regarding the disruptive impact of a particular means of expression and not of, say, a stray remark on a playground, a point made during discussion or debate, or a classroom inquiry,” the appeals court ruling reads. “The forecast concerned the predicted impact of a message that would confront any student proximate to it throughout the school day.”
School officials “knew the serious nature of the struggles, including suicidal ideation, that some of those students had experienced related to their treatment based on their gender identities by other students, and the effect those struggles could have on those students’ ability to learn.” the appeals court wrote.
“We think it was reasonable for Middleborough to forecast that a message displayed throughout the school day denying the existence of the gender identities of transgender and gender non-conforming students would have a serious negative impact on those students’ ability to concentrate on their classroom work,” the court added.
The court decision will allow schools to silence dissent, according to the Massachusetts Family Institute.
Whiting added, “Although there was no evidence that Liam’s message caused a disruption at school, the court held that the possibility that some students might suffer psychological distress from his shirt was enough to justify censoring him.”
Massachusetts
Massachusetts man dies from deadly lung disease linked to popular kitchen countertops
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Massachusetts health officials announced Tuesday that the state has confirmed its first case of an incurable lung disease linked to exposure to certain countertop stones.
The disease is particularly associated with quartz, which has become increasingly popular in recent years for its practicality and aesthetic, according to health officials.
The Massachusetts Department of Public Health (DPH) said a 40-year-old man, who has worked in the stone countertop industry for 14 years, was recently diagnosed with silicosis, a condition that can cause death.
“The confirmation of this case in Massachusetts is a tragic reminder that silicosis is not just a distant threat. It is here, and it is seriously impacting the health of workers in Massachusetts,” Emily H. Sparer-Fine, a director at DPH, said in a statement.
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Kitchen with a quartz countertop Nov. 15, 2017, in Ballston Lake, N.Y. (John Carl D’Annibale/Albany Times Union)
The unnamed patient reportedly performed activities such as cutting, grinding and polishing, which can generate crystalline silica dust. When inhaled, this dust scars lung tissue and can lead to silicosis, DPH said.
The disease is preventable but irreversible and progressive, officials said. Symptoms include a persistent cough, shortness of breath, fatigue and chest pain. Because there is often a long latency period between exposure and symptom onset, diagnoses are frequently delayed, according to DPH.
As the disease progresses, it can result in serious complications, including lung cancer, tuberculosis and even death, the department added.
Officials added that “most cases of silicosis are work-related – it is very rare for silicosis to occur outside of workplace exposure.”
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A father and son set up a quartz countertop at a booth in Albany Sept. 15, 2011. (John Carl D’Annibale/Albany Times Union)
Officials said the risk exists when handling natural stones, such as granite, but is especially high when working with engineered stone, such as quartz. While natural granite typically contains less than 45% silica, engineered stone can contain more than 90%, DPH reported.
“In recent years, the disease has become more prevalent among stone fabrication workers due to the rise in popularity of countertops made from engineered stone (also known as quartz or artificial stone),” DPH reported.
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An employee applies a sealant to sheets for countertops May 14, 2014. (Craig Warga/Bloomberg)
The department noted that, while this is the first confirmed case in Massachusetts within this industry, more cases are expected due to the disease’s long latency period and the rising popularity of engineered stone.
Other states have also reported cases of silicosis. In a 2023 study, California researchers identified 52 quartz countertop workers with silicosis. Twenty of them had advanced disease and 10 died.
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Despite the disease’s potential severity, there has not been an outright ban on quartz in U.S. kitchens. By contrast, all work involving engineered stone has already been banned in Australia due to the severe risks it poses to workers. Other countries are also pushing for more regulations.
The DPH emphasizes that silicosis is “absolutely preventable” through proper workplace controls. The alert urges employers in the stone countertop fabrication industry to implement effective safety measures, such as wet cutting and proper ventilation, to minimize silica exposure and protect workers.
“Silicosis is a devastating, life-altering disease and one that is also absolutely preventable,” Public Health Commissioner Robbie Goldstein said in a statement.
Massachusetts
In ‘State of the Judiciary’ address, SJC chief says courts must provide ‘stability and order’ in difficult times – The Boston Globe
“In times like these, when there seems to be increasing discord and strife in our society, the courts can help to maintain stability and order by resolving disagreements fairly and rationally, according to the rule of law,” said Supreme Judicial Court Chief Justice Kimberly S. Budd in the annual State of the Judiciary address.
Funding is down. So is public confidence, especially as the federal system has become the main venue for heated and far-reaching disputes over President Trump’s policies. Some worry of violence. And, separately, artificial intelligence looms, bringing possibility and peril alike.
Speaking in the courtroom where the Supreme Judicial Court hears cases in the John Adams Courthouse , Budd said it’s crucial that the judiciary strengthen its reputation by being accountable and transparent.
“We’re constantly looking for ways to improve,” she said to a small crowd of judges, lawyers and others for the 45 minute talk.
She cited changes the courts have made to make it easier for people representing themselves to navigate the complex system. The judiciary has also restarted a review process for judges to receive feedback, and created more digital processes, such as a way to apply to seal old eviction records online.
“The program has proven to be incredibly popular,” she said. “Since it was launched, it has been used to prepare and file over 1,000 eviction sealing petitions in the Housing Court.”
Budd’s remarks came after a year in which the state’s court system endured a budget shortfall that led to cuts with a direct impact on public services.
Over the summer, as federal funding cuts loomed, Gov. Maura Healey vetoed millions of dollars of spending on the court system, leading the courts to implement a hiring freeze.
Other leaders of the state’s court system spoke of those challenges during Tuesday’s address.
Trial Court administrator Thomas Ambrosino said the system is down about 200 staff positions, from clerks to support staff.
The legislature recently restored more than $9 million of $24 million in cuts, Ambrosino said, leading him to begin to authorize some new hiring. But over the past few months, he said, the freeze “has a real impact on operations.”
In clerks’ offices, he said, “It means the phone rings longer than it should and sometimes cant even be reached. It means people waiting in line.”
The system has long felt overlooked by Beacon Hill. And this has come as a work stoppage by court-appointed defense attorneys for indigent defendants over higher pay has rippled through the courts, resulting in the dismissal of more than 1000 cases. The wage dispute wasn’t directly mentioned on Tuesday, though a case that will determine whether the SJC would give judges the right to raise pay is currently before Budd and her colleagues.
Budd and Ambrosino both spoke of ongoing modernization efforts in the state’s 94 courthouses, from wireless internet to projects to replace the aging buildings.
Budd also touched upon artificial intelligence. Advances in generative AI have reverberated through the legal profession. Some see it as a way to facilitate research and open up access to the courts. But others cite confidentiality issues, and also cite instances — including in Massachusetts — when lawyers have relied too heavily on AI to write filings.
The courts have a committee look into whether they should add any new rules for AI usage, and ultimately decided to recommend no changes for now, though it should be further studied.
“We are committed to being curious and open-minded about GenAI, while simultaneously being deliberative and thoughtful in how and when we utilize it,” she said, referring to generative AI, artificial intelligence that creates new content or writing.
Budd, Ambrosino, and Massachusetts Bar Association president Michael H. Hayden, fielded submitted questions, including about courthouse safety. Ambrosino said the system is using capital funds to make security upgrades across dozens of the courthouses.
Hayden also spoke of the need to protect judges.
“Our judges in Massachusetts have been increasingly harassed,” he said, saying some had seen their personal information released online, and others had even had pranks such as people ordering pizzas to their homes.
He urged legislators to implement protections for the personal information of judge, similar to what exists on the federal level.
“The time for decisive action to protect our judiciary is now,” he said.
Sean Cotter can be reached at sean.cotter@globe.com. Follow him @cotterreporter.
Massachusetts
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